Defendant
|
Plaintiff
|
Court
|
Amount
|
Overview
|
Case Title
|
Case Number
|
Date Filed |
Date of Activity |
Link to Story |
Acceptance Financial Corp. |
State of Illinois |
Cook County Circuit Court |
$14,667 |
Complaint filed. |
na |
na |
Dec. 2011 |
na |
www.mortgagedaily.com/LitigationForeclosureFirms011612.asp |
Duke Renslow and Tina Renslow |
Wells Fargo |
Nevada Supreme Court |
na |
Plaintiff is challenging the state’s foreclosure mediation program because it allegedly violates the state’s basic charter and the U.S. Constitution |
Wells Fargo Bank, Appellant, vs. Duke Renslow and Tina Renslow, Respondents |
CV 1–03382 |
na |
10/3/2011 |
www.mortgagedaily.com/LitigationForeclosures110911.asp |
Elite Outsourcing Services Inc. |
State of Illinois |
Cook County Circuit Court |
$14,667 |
Complaint filed. |
na |
na |
Dec. 2011 |
na |
www.mortgagedaily.com/LitigationForeclosureFirms011612.asp |
International Embassy Realty Inc. |
State of Illinois |
Cook County Circuit Court |
$14,667 |
Complaint filed. |
na |
na |
Dec. 2011 |
na |
www.mortgagedaily.com/LitigationForeclosureFirms011612.asp |
Legal Housing and Debt Advisor LLC and Jason Tong |
Cook County State’s Attorney’s Office |
Cook County Circuit Court |
$375,000 |
Plaintiff alleged that the defendants preyed on distressed borrowers |
na |
na |
9/27/2011 |
na |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
Lender Processing Services Inc. |
State of Nevada |
na |
na |
Complaint filed. |
na |
na |
12/15/2011 |
na |
www.mortgagedaily.com/LitigationForeclosures020312.asp |
Michael J. Williams and Nicole J. Williams |
BAC Home Loan Servicing |
Court of Appeals of Wisconsin, District IV |
na |
Foreclosure judgment reversed because summary judgment materials were insufficient to establish that plaintiff was the holder of the note upon which the foreclosure was based |
BAC Home Loan Servicing, L.P. f/k/a Countrywide Home Loans Servicing L.P., Plaintiff-Respondent, v. Michael J. Williams and Nicole J. Williams, Defendants-Appellants |
2010AP2334 |
na |
9/29/2011 |
www.mortgagedaily.com/LitigationForeclosures110911.asp |
U.S. Homeowners Relief Inc., Aminullah Sarpas, New Life Solutions Inc., Damon Grant Carriger, DLD Consulting LLC, D.G.C. Consulting Inc., Macie Majeco Bain |
Federal Trade Commission |
U.S. District Court, Central District of California, Southern Division |
$9,600,000 |
Settlement reached. |
Federal Trade Commission, Plaintiff, v. U.S. Homeowners Relief, Inc., Waypoint Law Group, Inc., American Lending Review, Inc., New Life Solutions, Inc., D.G.C. Consulting, LLC, DLD Consulting, LLC, Samuel Paul Bain, Macie Mejeco Bain, Aminullah Sarpas, and Damon Grant Carriger, Defendants. |
SACV10-01452 JST (PJWx), FTC File Nos. 102 3018 and X100050 |
9/27/2010 |
Dec. 2011 |
www.mortgagedaily.com/LitigationForeclosureFirms011612.asp |
ZeTrust Legal Services, Legal Modification Network LLC, Loan Litigators International LLC and Exelpol Management & Consulting Inc. |
State of Illinois |
Cook County Circuit Court |
$375,000 |
Plaintiff alleged that the defendants preyed on distressed borrowers |
na |
na |
9/27/2011 |
na |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
James Alberino, Leo Desire, Primary Mortgage Resources Inc., Leo Desire and 17 other defendants |
Commonwealth of Massachusetts |
Suffolk Superior Court |
$70,000 |
Alberino banned from acting as a closing attorney or title agent in any real estate transaction in the state for knowingly and willfully engaged in unfair and deceptive conduct |
na |
na |
3/1/2007 |
na |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
Marucci Law Firm and E.A.C. Financial |
State of Indiana |
na |
$3,150 |
Plaintiff claims the two companies were illegally operating in Indiana when each firm entered into contracts with two local individuals. |
na |
na |
Oct. 2011 |
na |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
America’s Wholesale Lender |
Jayson Schott |
U.S. District Court for the District of Western Pennsylvania |
na |
Plaintiff claims that foreclosures were invalid on mortgages because the loans were securitized and subject to securities laws |
na |
na |
10/19/2011 |
na |
www.mortgagedaily.com/LitigationMbs102511.asp |
Fannie Mae |
California Attorney General Kamala D. Harris |
San Francisco County Superior Court |
na |
Lawsuit filed seeking answers about defendants’ role in California’s housing meltdown. But, federal officials say it’s against the law to issue subpoenas to the two companies according to the HERA of 2008. |
na |
na |
12/20/2011 |
na |
www.mortgagedaily.com/MctLawsuitCalifGses122111.asp, www.mortgagedaily.com/MctGseSubpoenas111711.asp |
Freddie Mac |
California Attorney General Kamala D. Harris |
San Francisco County Superior Court |
na |
Lawsuit filed seeking answers about defendants’ role in California’s housing meltdown. But, federal officials say it’s against the law to issue subpoenas to the two companies according to the HERA of 2008. |
na |
na |
12/20/2011 |
na |
www.mortgagedaily.com/MctLawsuitCalifGses122111.asp, www.mortgagedaily.com/MctGseSubpoenas111711.asp |
Janelle Gabay |
HSBC Bank USA, N.A. |
Supreme Judicial Court of Maine |
na |
Defendant’s appeal granted due to genuine issues of material fact |
HSBC BANK USA, N.A., AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2005, FREMONT HOME LOAN TRUST 2005-E, v. JANELLE GABAY |
Cum-10-581 |
na |
9/15/2011 |
www.mortgagedaily.com/LitigationTitle100911.asp |
Community One Law Center and National Law Partners |
State of Indiana |
na |
na |
The two Florida firms allegedly charged as much as $2,500 in up-front fees but did nothing to help the borrowers. The two companies allegedly shared employees and files. |
na |
na |
10/27/2011 |
na |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
East Coast Fidelity LLC and Janice McCarthy |
Rhode Island Attorney General Peter F. Kilmartin |
na |
na |
The state was alerted to the firm after receiving complaints from borrowers in Kentucky, New York and North Carolina about paying required up-front fees then hearing nothing back. |
na |
na |
10/20/2011 |
na |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
American Home Mortgage Servicing Inc. |
State of Ohio |
Cuyahoga County Common Pleas Court |
na |
Settlement in case alleging servicing abuses. |
State of Ohio, ex rel. Richard Cordray Attorney General of Ohio 615 W. Superior Ave., 11th Floor Cleveland, Ohio 44113-1899 Plaintiff, v. American Home Mortgage Servicing Inc. c/o Statutory Agent CT Corporation System 1300 E. 9th St. Cleveland, OH 44114.
|
CV 09 708888 |
11/5/2009 |
12/12/2011 |
www.mortgagedaily.com/SettlementAmericanHome121311.asp |
Bank of America Corp. |
Joseph and Jennifer Woodruff |
Franklin County Common Pleas Court, Ohio |
na |
Class action complaint filed. |
na |
na |
12/17/2011 |
n |
www.mortgagedaily.com/LitigationModification010912.asp |
Bank of America Corp. |
na |
U.S. District Court for the District of Massachusetts |
na |
BoA filed answer to complaint. |
In Re: Bank of America |
1:10-md-02193-RWZ, MDL No. 2193 |
10/12/2010 |
12/12/2011 |
www.mortgagedaily.com/LitigationModification010912.asp |
Bank of America Corp. |
State of Nevada |
U.S. District Court for the District of Nevada |
na |
BofA asked court to force state to prove that it and Countrywide in violation of original consent degree before amended lawsuit proceeds. |
State of Nevada v. Bank of America Corporation, et al. |
3:11-cv-00135-RCJ (RAM) |
8/30/2011 |
Oct. 2011 |
www.mortgagedaily.com/LitigationModification010912.asp |
Chase Home Finance LLC |
Miriam Lord |
na |
na |
Defendant foreclosed on plaintiff in error, but sent notice to the address plaintiff already moved out of, leaving her unaware she should keep making payments, leading to another foreclosure and prompting plaintiff to sue. |
na |
na |
na |
na |
www.mortgagedaily.com/LitigationForeclosures110911.asp |
Deutsche Bank National Trust Co. |
Mike Austin |
Court of Appeals of Arkansas |
$40,732 |
Appeals court ruled in favor of defendant because plaintiff failed to timely plead a claim for unjust enrichment and it had a superior interest and it wasn’t unjustly enriched because of the repairs. |
na |
na |
na |
na |
www.mortgagedaily.com/LitigationTitle100911.asp |
Citibank, N.A., et al |
Jonas Z. Lona |
Court of Appeals of California, Sixth District |
$1,500,000 |
Appeals court reversed foreclosure holding that “summary judgment was improper because: the homeowner presented sufficient evidence of triable issues of material fact with regard to the alleged unconscionability of the transaction; and the motion did not address a pertinent exception to the tender requirement, which the homeowner had raised in his complaint.” |
JONAS Z. LONA, Plaintiff and Appellant, v. CITIBANK, N.A., as Trustee, etc. et al., Defendants and Respondents |
H036140 |
na |
12/21/2011 |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
Mortgage Connection Inc. |
Minnesota Commerce Commissioner Mike Rothman |
na |
$132,000 |
Consent order issued. |
na |
na |
na |
Dec. 2011 |
www.mortgagedaily.com/LitigationForeclosureFirms011612.asp |
City of Chicago |
Federal Housing Finance Agency |
U.S. District Court for the Northern District of Illinois |
na |
Complaint filed alleging Defendant passed an ordinance that requires mortgage servicers to maintain vacant properties — even before the foreclosure process has completed. Plaintiff is suing to prevent enforcement of the ordinance. |
FEDERAL HOUSING FINANCE AGENCY, On its Own Behalf and as Conservator of Fannie Mae and Freddie Mac, Plaintiff, v. CITY OF CHICAGO, a municipal corporation, Defendant |
1:11-cv-08795 |
12/12/2011 |
na |
www.mortgagedaily.com/LawsuitFhfaChicago121211.asp |
Faythe P. Woodrum, Timothy P. Woodrum, and Dawn M. Woodrum |
Wells Fargo Mortgage Bank, N.A. |
District Court of Appeal of Florida, Fourth District |
na |
Appeals court reversed foreclosure judgment in fafor of Wells Fargo. The bank argued that where an answer is overdue, affirmative defenses raised in an affidavit opposing the motion for summary judgment cannot be considered by the trial court. But the court said Wells Fargo offers no case law supporting its position. |
FAYTHE P. WOODRUM, TIMOTHY P. WOODRUM and DAWN M. WOODRUM, Appellants, v. WELLS FARGO MORTGAGE BANK, N.A., as successor by merger to WACHOVIA BANK, N.A., Appellee |
4D10-3538 |
11/9/2011 |
11/9/2011 |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
GMAC Mortgage |
Nicolle M. Bradbury |
Maine Supreme Judicial Court |
na |
Supreme court upheld lower court’s decision to allow the defendant to foreclose upon plaintiff despite flawed practices and “robo-signing.” |
na |
na |
na |
12/6/2011 |
www.mortgagedaily.com/MctForeclosuresMaine120611.asp |
James D. Bryson |
Branch Banking and Trust Co. |
District Court of Appeal of Florida, Second District |
na |
Summary foreclosure judgment reversed by the appeals court and remanded back to the trial court because plaintiff did not meet its burden of conclusively showing that there was no genuine issue of material fact. |
JAMES D. BRYSON, Appellant, v. BRANCH BANKING AND TRUST COMPANY, Appellee |
2D10-3360 |
na |
11/30/2011 |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
John Galvin |
PHH Mortgage Corp. |
Court of Appeals of Ohio, Ninth District, Summit County |
na |
Summary foreclosure judgment in favor of PHH reversed. |
PHH Mortgage Corporation fka Cendant Mortgage Corporation dba Coldwell Banker Mortgage Corporation, Appellee, v. John W. Galvin and Stephanie B. Galvin, et al., Appellant. |
25917 |
na |
12/30/2011 |
www.mortgagedaily.com/LitigationForeclosures020312.asp |
Joseph and Mary Romero |
na |
New Mexico Court of Appeals |
na |
State appeals court upheld foreclosure decision on loan originated by Equity One Inc. |
na |
na |
na |
Oct. 2011 |
www.mortgagedaily.com/MctLawsuitForeclosureNm010712.asp |
Joyce and Lankford Taylor |
Bayview Loan Servicing LLC |
District Court of Appeal of Florida, Second District |
na |
Decision reversed. The decision was made because genuine issues of material fact remain regarding the Taylors’ affirmative defense of lack of notice. |
JOYCE TAYLOR and LANKFORD TAYLOR, Appellants, v. BAYVIEW LOAN SERVICING, LLC, Appellee |
2D10-1493 |
na |
11/9/2011 |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
Lender Processing Services Inc., Bank of America, ReconTrust Co.; IndyMac Mortgage Services; and Regional Service Corp. |
na |
Clark County District Court in Las Vegas |
na |
Class action filed by borrowers alleges fraudulent foreclosures. Defendant claims plantiff has improperly outsourced a foreclosure document robosigning investigation. Plaintiff alleges violations of Nevada’s Deceptive Trade Practices Act. |
na |
na |
12/20/2011 |
na |
www.mortgagedaily.com/MctLawsuitLpsNv121711.asp, www.mortgagedaily.com/MctLawsuitLps122111.asp |
Linda and Peter Halas |
Countrywide Home Loans Inc. |
Superior Court of New Jersey, Appellate Division |
na |
Overturned a March 18 decision to deny a motion to vacate default judgment. |
COUNTRYWIDE HOME LOANS, INC., Plaintiff-Respondent, v. LINDA M. HALAS and PETER T. HALAS, her husband, Defendants-Appellants |
Docket No. A-4107-10T1 |
na |
12/6/2011 |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
Martin J. Beirne Jr. |
Wells Fargo Bank, N.A. |
Court of Appeals of Ohio, Ninth District, Medina County |
na |
Foreclosure judgment overturned by Appeals Court. The appeals court agreed with Beirne that Wells Fargo failed to present evidence that it had provided a notice of default. |
Wells Fargo Bank, N.A. as Trustee, Appellee, v. Martin J. Beirne, Jr. et al, Appellants |
09CA0103-M |
na |
12/27/2011 |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
MR. TOLEDO, Husband of BERNICE TOLEDO |
Aurora Loan Services LLC |
Superior Court of New Jersey, Appellate Division |
$380,000 |
Appeals court reversed the order granting summary judgment and remanded the case back to the trial court because of robo-signing. |
AURORA LOAN SERVICES, LLC, Plaintiff-Respondent, v. BERNICE TOLEDO, Defendant-Appellant, and MR. TOLEDO, Husband of BERNICE TOLEDO, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., As Nominee For LEHMAN BROTHERS BANK FSB; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., As Nominee For AURORA LOAN SERVICES LLC, Defendants |
A-0804-10T3 |
na |
10/18/2011 |
www.mortgagedaily.com/LitigationForeclosures110911.asp |
Ocwen Loan Servicing, LLC |
Sherry E. Hoard |
Court of Appeals of Kentucky |
na |
A judgment by the Jefferson Circuit Court in favor of defendant was vacated by the appeals court and the case was remanded. Among the issues left to be ironed out is defendant’s standing. |
SHERRY E. HOARD, Appellant, v. OCWEN LOAN SERVICING, LLC, Appellee |
2010-CA-001823-MR |
na |
12/9/2011 |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
Phyllix Means and Ray Stovall |
Beal Bank, S.S.B. |
Court of Appeals of Ohio, Eighth District, Cuyahoga County |
$60,456 |
Appeals court reversed trial court’s decision and remanded case because, it said, the trial court abused its discretion in its decision to grant a summary foreclosure judgment in July 2010 |
Beal Bank S.S.B., Plaintiff-Appellee, v. Phyllix Means, et al., Defendants-Appellants |
96252 |
na |
11/17/2011 |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
Ramon Solorin |
U.S. Bank, N.A. |
Supreme Court, Queens County, N.Y. |
|
Case dismissed because the plaintiff was unable to comply with a court requirement that they certify the accuracy of the papers filed. |
na |
na |
na |
11/10/2011 |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
Robert McLean |
JP Morgan Chase Bank, N.A. |
District Court of Appeal of Florida, Fourth District |
na |
Appeals court reversed previous decision. When the trial court ruled in favor of Plaintiff in April 2010, it ordered the lender to provide a copy of the assignment that empowered the company to foreclose. But the assignment provided was dated three days after the foreclosure was filed. Defendant successfully argued that the record lacked any evidence that Plaintiff had standing to foreclose at the time the lawsuit was filed. |
ROBERT McLEAN, Appellant, v. JP MORGAN CHASE BANK NATIONAL ASSOCIATION, not individually but solely as Trustee for the holders of STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-ARS, Appellee |
4D10-3429 |
na |
12/14/2011 |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
Bank of America Corp., GMAC-RFC and J.P. Morgan Chase Co., et al |
City of Cleveland |
Court of Common Pleas, Cuyahoga County, Ohio |
na |
Court dismissed the plaintiff’s claims that the defendants caused the current foreclosure crisis in Cleveland by routinely making loans to borrowers who had no ability to pay them back. |
na |
na |
Jan. 2008 |
11/22/2011 |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
American Home Mortgage Service Inc. |
Sherrita Richardson Harris |
Jackson County Circuit Court |
na |
Complaint filed in case where deal reached for borrower to acquire home, but public notices still filed by servicer which cant’ find note. Trial set for Dec. 19. |
na |
na |
4-Oct |
na |
www.mortgagedaily.com/MctLawsuitAmericanHome100611.asp |
Anna M. Miller |
RMS Residential Properties, LLC |
Connecticut Supreme Court |
na |
The defendant alleged that MERS could not be named as mortgagee since it wasn’t the original lender or the party secured by the mortgage and asked the court to declare the MERS mortgage to be void. But the court ruled that plaintiff did have standing to foreclose. |
RMS Residential Properties, LLC v. Anna M. Miller et al |
na |
na |
Dec. 2011 |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
Assurity Financial Services |
Peirce |
U.S. District Court for the District of Oregon |
na |
Court found that under Oregon law, MERS can serve as the beneficiary under the deed of trust. Mosman rejected the plaintiff’s wrongful foreclosure claims. |
Peirce v. Assurity Financial Services |
na |
na |
Dec. 2011 |
www.mortgagedaily.com/LitigationTitle122711.asp |
Aurora Loan Services |
David Kiah |
U.S. Court of Appeals for the First Circuit |
na |
Ruling in favor of MERS. |
David Kiah, Plaintiff, Appellant, v. Aurora Loan Services LLC, et al, Defendants, Appellees |
11-1010 |
na |
12/13/2011 |
www.mortgagedaily.com/LitigationTitle031712.asp |
Avelo Mortgage |
Holland |
Court of Appeals of California, First District, Division One |
na |
The complaint alleged that MERS was not a true beneficiary and could not assign its interest in the deed of trust to the defendant. The plaintiff sought to eliminate defendant’s authority to foreclose. Court ruled in favor of defendant. |
Holland v. Avelo Mortgage |
na |
na |
12/23/2011 |
www.mortgagedaily.com/LitigationTitle122711.asp |
BAC Home Loans |
Malikyar |
U.S. District Court for the Eastern District of Texas |
na |
Court affirmed MERS’ role as mortgagee in a Nov. 18 decision to dismiss the case Malikyar v. BAC Home Loans with prejudice. |
Malikyar v. BAC Home Loans |
na |
na |
11/18/2011 |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
Bank of New York Mellon Trust Co. |
Joshua R. Dow |
State of New Hampshire Superior Court |
na |
Ex parte petition filed to enjoin foreclosure. |
Joshua R. Dow V. Bank of New York Mellon Trust Co. |
218-2011-CV-1297 |
10/18/2011 |
na |
www.mortgagedaily.com/LitigationTitle031712.asp |
Chase |
National City Mortgage Co. |
U.S. Court of Appeals, Third Circuit |
na |
Plaintiff failed to notify junior lien holderabout impending foreclosure sale and had sale set aside, which was reversed. An appeals court vacated reversal. |
na |
na |
na |
na |
www.mortgagedaily.com/LitigationTitle100911.asp |
Countrywide Home Loans Inc. |
Gomes |
U.S. Supreme Court |
na |
Writ of certiorari was denied by Supreme Court |
Gomes v. Countrywide Home Loans Inc. |
D057005 |
na |
11-Oct |
www.mortgagedaily.com/LitigationForeclosures110911.asp |
Ducat and MERS |
Philip |
U.S. District Court for the Northern District of Georgia |
na |
Court found that MERS can hold the security deed as nominee for the lender and assign the security deed to a third party. |
Philip v. Ducat and MERS |
na |
na |
12/13/2011 |
www.mortgagedaily.com/LitigationTitle122711.asp |
Fannie Mae |
Smith |
U.S. District Court for the Northern District of Texas |
na |
Court rejected the plaintiffs’ arguments that challenged the validity of the MERS deed of trust assignment |
Smith v. Fannie Mae et al |
Case 3:11-cv-02032-F |
na |
10/5/2011 |
www.mortgagedaily.com/LitigationTitle100911.asp |
GINNIFER GEE |
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ETC. |
District Court of Appeal of Florida, Fifth District |
na |
Plaintiff claimed that defendant lacked standing to bring the foreclosure action, and the summary judgment was entered on grounds that were not raised in the summary judgment motion. Appeals court reversed the summary judgment and remanded the case. |
GINNIFER GEE, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ETC., Appellee |
5D10-1687 |
na |
9/30/2011 |
www.mortgagedaily.com/LitigationForeclosures110911.asp |
Goodrich |
Fannie Mae |
Oregon Circuit Court for Jackson County |
na |
Eviction action dismissed. |
Fannie Mae v. Goodrich |
na |
na |
12/7/2011 |
www.mortgagedaily.com/LitigationForeclosures020312.asp |
Homeowners Association for Matthew Valencia |
Security Bank, N.A. |
District Court of Appeal of Florida, Third District |
na |
Appeals court reversed motion to set aside foreclosure because it was filed too late. |
FNS4, LLC, Appellant, v. Security Bank, N.A., Appellee |
3D10-2553 |
na |
10/12/2011 |
www.mortgagedaily.com/LitigationForeclosures110911.asp |
HSBC Bank USA |
na |
New York State Supreme Court |
$10,000 |
Defendant was fined for “frivolous conduct” in trying to seize a home without proper paperwork. |
na |
na |
na |
na |
www.mortgagedaily.com/MctForeclosuresHsbcNy122811.asp |
James M. Perry |
Fannie Mae |
Shelby Circuit Court, Court of Civil Appeals of Alabama |
na |
Appeals court found that Fannie failed to establish by admissible evidence that servicer was note holderand reversed decision. |
James M. Perry, v. Federal National Mortgage Association |
2100235 |
na |
12/30/2011 |
www.mortgagedaily.com/LitigationForeclosures020312.asp |
LSI Title Company of Oregon LLC |
Donessa L. Horsewood |
U.S. District Court for the District of Oregon |
na |
Federal court affirmed validity of MERS as the beneficiary of the deed of trust and dismissed the plaintiff’s wrongful foreclosure complaint. |
Donessa L. Horsewood, Plaintiff, v. LSI Title Company of Oregon, LLC, et al., Defendants |
3:11-cv-00335-MO |
na |
12/29/2011 |
www.mortgagedaily.com/LitigationTitle031712.asp |
MERS |
State of Delaware |
na |
na |
Defendant said it was surprised by the lawsuit, and it cooperated in good faith with the Delaware attorney general’s office and complied with requests for information under a subpoena issued earlier this year. |
na |
na |
na |
na |
www.mortgagedaily.com/LitigationTitle122711.asp |
MERSCORP |
Miller |
U.S. District Court for the District of Nevada |
na |
Court found that a deed of trust naming MERS as mortgagee is valid in Nevada. She found that the defendants followed proper non-judicial foreclosure procedures and determined that securitization of a loan does not invalidate the deed of trust or require a judicial foreclosure. |
Miller v. MERSCORP Inc. |
na |
na |
12/5/2011 |
www.mortgagedaily.com/LitigationTitle122711.asp |
Messner |
Bank of New York Trust Co. |
Michigan Supreme Court |
na |
Supreme court reversed the appeals court’s decision and confirmed MERS’ ability to perform non-judicial foreclosures by advertisement versus a court-supervised foreclosure |
Bank of New York Trust Co. v. Messner |
143179 |
na |
na |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
Mortgage Electronic Registration Systems Inc |
Delaware Attorney General Beau Biden |
Delaware Chancery Court |
na |
Complaint filed alleging MERS not authorized to file foreclosures, doesn’t adequately maintain its database and wrongly uses the employees of its members to operate |
na |
na |
10/27/2011 |
na |
www.mortgagedaily.com/LawsuitMers102711.asp |
Mortgage Electronic Registration Systems Inc. |
multi |
U.S. District Court for the District of Arizona |
na |
Court dismissed with prejudice 72 cases against MERS in multi-district consolidated litigation that alleged various violations of Arizona, Nevada, Oregon and South Carolina laws |
IN RE Mortgage Electronic Registration Systems (MERS) Litigation |
2:09-md-02119-JAT |
na |
na |
www.mortgagedaily.com/LitigationTitle100911.asp |
Mortgage Electronic Registration Systems Inc. |
Sandra Graves |
Supreme Court of Virginia |
na |
Borrower’s petition for appeal rejected. |
Sandra Graves, Appellant, against Mortgage Electronic Registration Systems, Inc., Appellee. |
CL-2010-17101 |
na |
12/20/2011 |
www.mortgagedaily.com/LitigationTitle031712.asp |
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. |
COMMONWEALTH PROPERTY ADVOCATES, LLC, |
U.S. Court of Appeals for the 10th Circuit, U.S. District Court for the District of Utah |
na |
MERS system affirmed. |
COMMONWEALTH PROPERTY ADVOCATES, LLC, Plaintiff-Appellant, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendant-Appellee |
833759 |
na |
12/23/2011 |
www.mortgagedaily.com/LitigationTitle031712.asp, www.mortgagedaily.com/LitigationForeclosures020312.asp |
na |
Wells Fargo Bank, N.A. |
na |
na |
Wells missed certified letter from Allen County, Ind., indicating a notice of the right of redemption, prior to a tax deed issuance. Objection rejected. |
na |
na |
na |
na |
www.mortgagedaily.com/LitigationTitle122711.asp |
Rodger and Lina Duke |
HSBC Mortgage Services Inc. |
District Court of Appeal of Florida, Fourth District |
na |
Summary judgment reversed because genuine issues of material fact remain in dispute about who the owner and holder of the note and mortgage was when the complaint was filed. Defendants argued that at the time the foreclosure complaint was filed, the mortgage was held by First NLC, not HSBC — which didn’t include proof it owned the loan with its complaint. |
RODGER and LINA DUKE, Appellants, v. HSBC MORTGAGE SERVICES, LLC, Appellee |
4D09-5183 |
na |
11/23/2011 |
www.mortgagedaily.com/LitigationForeclosures122811.asp |
RUSCO COMPANY |
AMERICAN HOME MORTGAGE CORPORATION, and its assigns; AMERICAN HOME MORTGAGE SERVICING, INC., as Servicer for the Master Adjustable Rate Mortgages Trust 2007-1 |
U.S. Court of Appeals, Fifth Circuit |
$2,000,000 |
Previous decision reversed; ruled in favor of plaintiff. |
AMERICAN HOME MORTGAGE CORPORATION, and its assigns; AMERICAN HOME MORTGAGE SERVICING, INC., as Servicer for the Master Adjustable Rate Mortgages Trust 2007-1, Plaintiffs-Appellants, v. RUSCO COMPANY, Defendant-Appellee |
10-11190 |
na |
na |
www.mortgagedaily.com/LitigationTitle100911.asp |
Saxon Mortgage Inc. |
Vasquez |
Arizona Supreme Court |
na |
Court decided that mortgage lenders are not required to record an assignment before publishing a notice of trustee’s sale. Securitization trustee Deutsche Bank National Trust Co. moved for stay relief after Vasquez filed for bankruptcy protection, but Vasquez opposed the stay and argued that Deutsche was not the named beneficiary under the deed of trust when the trustee’s sale was initiated. |
Vasquez v. Saxon Mortgage Inc |
CV-11-0091-CQ |
na |
11/18/2011 |
www.mortgagedaily.com/LitigationTitle122711.asp |
Southern Security Federal Credit Union |
ABN AMRO Mortgage Group Inc. |
Court of Appeals of Tennessee, at Jackson |
$197,165 |
Appeals court affirmed trial court decision that ABN AMRO’s lien was superior despite an error with the lot number on the trust deed. |
ABN AMRO MORTGAGE GROUP INC. v. SOUTHERN SECURITY FEDERAL CREDIT UNION |
W2011-00693-COA-R3-CV |
na |
11/17/2011 |
www.mortgagedaily.com/LitigationTitle122711.asp |
U.S. Bank, N.A., as trustee of Mastr Adjustable Rate Mortgages Trust 2007-3 |
Julia Feltus |
District Court of Appeal of Florida, Second District |
na |
Appeals court ruled in favor of plaintiff. Plaintiff successfully argued that it wasn’t clear which entity held the promissory note at the time the summary judgment was entered. |
na |
na |
na |
na |
www.mortgagedaily.com/LitigationTitle122711.asp |
Francis Bevilacqua from U.S. Bank, N.A. |
na |
Massachusetts Supreme Judicial Court |
na |
Court found that a real-estate-owned property in Boston acquired by defendant was sold even though the bank didn’t hold a valid mortgage. But the court will still let defendant foreclose on the prior owner. |
na |
na |
na |
na |
www.mortgagedaily.com/LitigationForeclosures110911.asp |
JPMorgan Chase |
Robert McLean |
4th District Court of Appeal |
na |
Revesal of lower court decision in favor of Chase. |
Robert McLean vs. JPMorgan Chase |
na |
na |
12/14/2011 |
www.mortgagedaily.com/MctForeclosuresFlorida121611.asp |
na |
na |
Florida Supreme Court |
na |
Court agreed to take up an already settled foreclosure case that involved an allegedly backdated assignment of mortgage that the bank used to show ownership. |
na |
na |
na |
Dec. 2011 |
www.mortgagedaily.com/MctForeclosuresFlorida121611.asp |
Michael Kwasnik, The Law Firm of Kwasnik, Rodio, Kanowitz & Buckley P.C., Hope Now Modifications |
Federal Trade Commission |
U.S. District Court for the District of New Jersey |
$137,656 |
Agreed to settlement. The operation and its two principals were charged with falsely claiming to be part of the HOPE NOW Alliance, a non-profit, government-endorsed network. |
Federal Trade Commission v. Hope Now Modifications, LLC, Hope Now Financial Services Corp., also dba Hope Now Modifications, Nick Puglia, and Salvatore Puglia |
1:09-cv-01204-JBS-JS, FTC File No. 092 3079 |
3/17/2009 |
Nov. 2011 |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
Residential Relief Foundation and Silver Lining Services and owners James Holderness, Bryan Melanson, Michael Valenti and Jillian Melanson, Mitigation America LLC and principal Dennis Strzegowski |
Federal Trade Commission |
U.S. District Court for the District of Maryland |
$11,009,306 |
2 settlements ban defendants from participating in mortgage assistance relief and debt relief industries. Most of judgment amount suspended. |
Federal Trade Commission, Plaintiff, v. Residential Relief Foundation Inc., Silver Lining Services LLC, Mitigation America LLC, James W. Holderness, Michael Valenti, Bryan J. Melanson, Jillian N. Melanson, and Dennis Strzegowski, Defendants |
1:10-cv-3124-JFM, FTC File No. 1023234 |
Nov. 2010 |
9/28/2011 |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
Law Offices of Perry and Associates LLC, Virginia attorney Michael A. Perry and Anthony Dolphus by the Maryland Department of Labor |
Maryland Department of Labor |
na |
$489,000 |
A civil money penalty was issued. The state also issued a proposed cease-and-desist order and required restitution. Defendants are accused of collecting up-front loan modification fees in violation of Maryland law. |
na |
na |
na |
11/15/2011 |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
Royce Lee Newcomb |
United States of America |
U.S. District Court for the Eastern District of California |
$2,900,000 |
Defendant was sentenced to 70 months in prison for allegedly operating a $2.9 million Ponzi scheme, marketing foreclosure rescue services through Paradigm Foreclosure Specialists, collecting between $1,300 and $3,800 from distressed borrowers and filing serial bankruptcy petitions without supporting documentation |
na |
na |
na |
9/29/2011 |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
Jewel L. Hinkles, Bernadette Guidry, Jesse Wheeler, Cynthia Corn, Brent Medearis.
|
United States of America |
na |
$5,000,000 |
Indictment. |
na |
na |
12/2/2011 |
12/2/2011 |
www.mortgagedaily.com/LitigationForeclosureFirms011612.asp |
American Home Mortgage Servicing Inc. |
Alan and Kristine Wright |
U.S. Bankruptcy Court |
$50,000 |
American Home ordered to pay damages because it foreclosed on home after failing to tell them their payments had increased. |
na |
na |
na |
12/28/2012 |
www.mortgagedaily.com/MctBankruptcyAhmsi010612.asp |
Federal Deposit Insurance Corp. as receiver of Washington Mutual Bank |
Nadia Youkelsone |
U.S. Court of Appeals, District of Columbia Circuit |
na |
Appeals court reversed dismissal and remanded case |
NADIA YOUKELSONE, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF WASHINGTON MUTUAL BANK, Appellee |
10-5197 |
2009 |
11/8/2011 |
www.mortgagedaily.com/LitigationForeclosures110911.asp |
na |
Michael Fisette |
8th Circuit Court of Appeals |
$347,000 |
Bankruptcy judge decision not to allow 2nd lien to be stripped in Chapter 13 plan overturned by appellate panel. That decision is being appealed. |
na |
na |
2010 |
na |
www.mortgagedaily.com/MctChpt13Bk111411.asp |
Christopher Fox, Curtis Melone, King Harris III |
State of California |
na |
na |
Fox and Curtis arrested. |
na |
na |
na |
Dec. 2011 |
www.mortgagedaily.com/LitigationForeclosureFirms011612.asp |
Christopher Johns, Allen Banks |
na |
na |
na |
Johns sentenced to 30 months prison. |
na |
na |
na |
Sept. 2011 |
www.mortgagedaily.com/LitigationCriminal103111.asp |
Gary Anderson, Patrick Campion, James Doherty, Keith Goodman, Troy Kent, Craig Lipton, Henry Pessah and Laith Salma |
na |
U.S. District Court for the Northern District of California |
na |
All eight of the defendants agreed to plead guilty to bid-rigging at foreclosure auctions |
na |
na |
10/28/2011 |
na |
www.mortgagedaily.com/LitigationCriminal103111.asp |
Gary Trafford, Gerri Sheppard |
State of Nevada |
na |
na |
The state alleges that the defendants directed and supervised a robo-signing scheme where tens of thousands of fraudulent documents were filed with the Clark County Recorder’s Office between 2005 and 2008 |
na |
na |
11/15/2011 |
na |
www.mortgagedaily.com/IndictmentLps111711.asp |
John Marcus Desenberg |
United States of America |
U.S. District Court for the Eastern District of California |
$300,000 |
Arrested over foreclosure-rescue scheme operated through Creative Lending Solutions. |
na |
na |
na |
21-Nov |
www.mortgagedaily.com/LitigationForeclosureFirms011612.asp |
Maria Ponce, Melissa Garcia |
Monterey County District Attorney Dean Flippo |
na |
$150,000 |
Ponce pled guilty to felony grand theft tied to a foreclosure rescue scam |
na |
na |
na |
Nov. 2011 |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
Marien Brown |
State of Missouri |
na |
$265,000 |
Sentencing planned for operator of 1st Financial Resource LLC who pled guilty on Sept. 27 to duping 80 Hawaiian borrowers into using her foreclosure-rescue service and keeping their payments instead of passing them along to the lenders |
na |
na |
8/8/2011 |
12/22/2011 |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
Meghan Shaw, Jennifer Bloecker, Joseph Noel, Tracy Lawrence (died before sentencing) |
Nevada Attorney General’s Office |
Las Vegas Justice Court |
na |
Three more indictments filed. Defendants are accused of “robo-signing.” |
na |
na |
11/16/2011 |
11/30/2011 |
www.mortgagedaily.com/MctLpsNotaries120611.asp |
Robert Rose |
na |
U.S. District court for the Eastern District of California |
na |
Defendant pleaded guilty to bid-rigging in 2009 |
na |
na |
na |
9/23/2011 |
www.mortgagedaily.com/LitigationCriminal103111.asp |
Wiley C. Chandler, Andrew B. Katakis, Donald M. Parker, Anthony B. Joachim and W. Theodore Longley (10 total) |
United States of America |
U.S. District Court for the Eastern District of California |
na |
Indictment of five defendants accused of scheming to rig bids at public real estate auctions from September 2008 until October 2009. They also allegedly fraudulently acquired titles to some auctioned properties and diverted money to co-conspirators. |
na |
na |
12/7/2011 |
na |
www.mortgagedaily.com/LitigationCriminal122011.aspwww.mortgagedaily.com/LitigationCriminal122011.asp, www.mortgagedaily.com/LitigationCriminal030612.asp |
1st American Law Center, Gary Michael Bobel, Scott Thomas Spencer, Mark Andrew Spencer, Roger Trent Jones and Travis Corey Iverson |
na |
na |
$11,000,000 |
High-pressure sales tactics and “outright lies” were used to convince clients to fork over between $1,995 and $4,495 each. The defendants falsely claimed they had a team of attorneys who pre-screened clients and that they had a 98 percent success rate in obtaining modifications. Defendants pleaded guilty. |
na |
na |
na |
12/16/2011 |
www.mortgagedaily.com/LitigationCriminal122011.asp |
William Jeffrey Hutching |
na |
Court of Appeals of California, Fourth District, Division One |
$500,000 |
Defendant was convicted in connection with alleged deceitful practices related to foreclosure consulting and he was sentenced to 46 years prison. Defendant’s appeal was denied. |
THE PEOPLE, Plaintiff and Respondent, v. WILLIAM JEFFREY HUTCHINGS, Defendant and Appellant |
D057451 |
10/18/2011 |
na |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
Stephen Andrew Easterly and Emanuel Percival |
na |
na |
na |
Defendants arraigned for collecting between $3,500 and $7,000 from borrowers seeking to avoid foreclosures or modify their loans |
na |
na |
na |
Aug. 2011 |
www.mortgagedaily.com/LitigationCriminal103111.asp |
Samantha Carter |
Bank of America |
na |
$2,700,000 |
Squatter files affidavit of adverse possession forcing servicer to take foreclosed property off the market. |
na |
na |
na |
na |
www.mortgagedaily.com/MctTexasSquatters120411.asp |
Alex Soria, Sonia Rodis, and Hans Johns |
State of Nevada |
na |
na |
Defendants arrested and charged with operating a mortgage scam that preyed on elderly and distressed borrowers |
na |
na |
10/27/2011 |
na |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
Alan David Tikal |
na |
Alameda County Superior Court |
na |
Owner of KATN Trust pleaded no contest and was found guilty of filing false documents and accepting advance fees on loan modifications. He was sentenced to 16 months prison plus restitution. |
People v. Alan David Tikal |
165379A |
na |
10/31/2011 |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp, www.mortgagedaily.com/LitigationForeclosureFirms011612.asp |
Bank of America Corp.; Citibank, N.A., and CitiMortgage Inc.; GMAC Mortgage LLC; JPMorgan Chase Bank, N.A.; MERS and parent MERSCORP Inc.; and Wells Fargo Bank, N.A. |
Commonwealth of Massachusetts |
Superior Court Department of the Trial Court, Suffolk County |
na |
Complaint filed. Defendant accused of using fraudulent documents in the foreclosure process, filing foreclosures without having title to the loans and skirting state recording requirements and fees by utilizing MERS. Also at issue is their handling of loan modifications. |
Commonwealth of Massachusetts, Plaintiff, V. BANK OF AMERICA, NA., BAC HOME LOANS SERVICING, LP, BAC GP, LLC, JPMORGAN CHASE BANK, N.A:, CITIBANK, NA., CITIMORTGAGE, INC., GMAC MORTGAGE, LLC, WELLS FARGO BANK, N.A., MORTGAGE ELECTRONIC REGISTRATION SYSTEK INC and MERSCORP INC., Defendants |
Civ. A No. 11-4363 |
12/1/2011 |
na |
www.mortgagedaily.com/LawsuitMassForeclosures120111.asp |