Category
|
Description
|
# of Cases Q3 2008
|
# of Cases Q2 2008
|
# of Cases Q1 2008
|
# of Cases Full Year 2007
|
Advertising |
Lawsuits about mortgage advertising, bait and switch ads, deceptive ads and do-not-call violations. |
|
|
|
|
Appraisals |
Litigation related to real estate appraisals, pressuring appraisers and appraisal fraud. |
|
0
|
0
|
|
Bankruptcy- Consumer |
Legal issues surrounding borrowers who file for bankruptcy, including servicing bankrupt borrowers. |
|
|
|
|
Bankruptcy- Corporate |
Litigation surrounding companies that file for bankruptcy protection or bankruptcy liquidation |
|
|
0
|
0
|
Commercial Mortgage |
Cases related to commercial mortgage lending. |
0
|
0
|
0
|
|
Compliance |
Lawsuits and regulatory actions tied to violations of the Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Fair Housing Act, Home Mortgage Disclosure Act (HMDA), FTC Act, Home Owners Equity Protection Act (HOEPA), Real Estate Settlement Procedures Act (RESPA) and Truth In Lending Act (TILA). |
|
|
|
|
Copyright |
Lawsuits about copyright, trademark and intellectual property issues. |
|
0
|
0
|
|
Credit |
Litigation based on credit reporting and other credit issues. |
|
|
|
|
Discrimination |
Class actions and lawsuits related to lending discrimination involving minorities, neighborhoods and property types. |
|
|
|
|
Down Payment Assistance |
Cases about the legality of DPA programs and HUD’s ability to prohibit them. |
0
|
0
|
|
|
Embezzlement |
Legal actions on mortgage-related embezzlement and accounting fraud. |
|
|
0
|
0
|
Employment |
Employment lawsuits involving overtime, employment discrimination and employment contracts. Whistleblowers and WARN notice violation cases also. |
0
|
|
|
|
Fees |
Lawsuits involving excessive fees, servicing fees and loan fees beyond state maximums. |
|
|
|
|
Foreclosures |
Servicer-related litigation, foreclosure lawsuits and cases against foreclosure rescue services. |
|
|
|
|
Insider Trading |
Criminal cases about mortgage executives accused of trading securities based on insider information. |
0
|
0
|
0
|
|
Investor |
Shareholder lawsuits and class actions accusing companies of inflating earnings, overstating capital position or otherwise deceiving investors in the company. Other shareholder issues. |
|
|
|
|
Licenses |
Regulator lawsuits and actions against improperly licensed and unlicensed mortgage companies. |
|
|
|
|
Mergers |
Lawsuits relating to mergers and acquisitions. |
0
|
0
|
0
|
|
Mortgage Fraud |
Cases involving mortgage fraud, flipping, identity theft and inflated appraisals. |
|
|
|
|
Net Branch |
Litigation involving net branch operations. |
|
0
|
|
0
|
Predatory |
Lawsuits and regulatory actions against predatory lenders. |
|
|
0
|
|
Preemption |
Lawsuits about federal regulatory preemption over state regulation. |
|
|
0
|
|
Privacy |
Lawsuits about privacy issues. |
|
|
0
|
|
Regulatory |
Regulator actions against financial institutions and mortgage licensees. |
|
na
|
na
|
na
|
RMBS |
Lawsuits related to mortgage-backed securities. |
0
|
0
|
0
|
|
Secondary Marketing |
Cases related to secondary marketing, warehouse lending and repurchases. |
|
|
|
|
Servicing |
Litigation related to loan servicing, including escrow issues, transfer of servicing and servicing borrowers in bankruptcy and foreclosure. |
|
|
|
|
Suitability |
Lawsuits about mortgage company liability in determining suitability of loans for borrowers. |
0
|
0
|
0
|
|
Technology |
Lending technology issues litigated. |
|
|
|
|
YSP |
Litigation centered around yield spread premiums and YSP disclosures. |
0
|
0
|
0
|
|
Total |
Total Cases Tracked (some cases tracked in multiple categories) |
200
|
45
|
42
|
195
|