|
Defendant
|
Plaintiff
|
Court
|
Amount
|
Overview
|
Case Title
|
Case Number
|
Date Filed |
Date of Activity |
Link to Story |
| Ryan Visda |
na |
First District Court in Hempstead |
$11,000 |
Arrest of woman who operated National Recovery Processing. |
na |
na |
na |
Dec. 2011 |
www.mortgagedaily.com/LitigationForeclosureFirms011612.aspwww.mortgagedaily.com/LitigationForeclosureFirms011612.asp |
| Saxon Mortgage Services Inc. and/or Ocwen Loan Servicing LLC |
Florida borrowers |
na |
na |
Complaint filed. |
Vanselous, et al v. Saxon Mortgage Services Inc. and Ocwen Loan Servicing LLC |
8:11-cv-02464 |
10/28/2011 |
n |
www.mortgagedaily.com/LitigationModification010912.asp |
| State of Ohio |
American Home Mortgage Servicing Inc. |
Court of Common Pleas Franklin County, Ohio |
na |
Settlement announced. |
American Home Mortgage Servicing Inc., Plaintiff/Counterclaim-Defendant, v. State of Ohio, et al., Defendants/Counterclaim-Plaintiffs. |
09CVH-11-16491 |
2009 |
12/12/2011 |
www.mortgagedaily.com/LitigationModification010912.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 |
| Bank of America |
American Asset Corp. |
na |
na |
Plaintiff alleges defendant breached loan agreement, stopped funding loans and reneged on promises to do modifications. |
na |
na |
na |
na |
www.mortgagedaily.com/MctLawsuitBoa101811.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 |
| 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 |
| 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 |
| RBS Financial Products Inc. |
Commonwealth of Massachusetts |
Suffolk Superior Court |
$52,000,000 |
Assurance of discontinuance filed in settlement. Defendant was accused of financing, purchasing and securitizing residential loans that were presumptively unfair under Massachusetts’ Consumer Protection Act. |
na |
na |
na |
11/28/2011 |
www.mortgagedaily.com/SetllementRbsMass112911.asp |
