Mortgage Daily

Published On: June 23, 2010
Mortgage Insurance Lawsuits
First-Quarter 2010 Mortgage Litigation Index

Lawsuits tied to mortgage insurance.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Link to Story
1st Advantage Mortgage U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp
Alacrity Financial Services LLC U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp
Alethes LLC U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp
American Home Mortgage et al. Triad Guaranty Inc. U.S. Bankruptcy Court for the District of Delaware na Triad filed a complaint seeking rescission of multiple master mortgage guaranty insurance policies and declaratory relief. Triad alleges that the lender did not follow delegated insurance underwriting guidelines approved by Triad, breaching master policies and implied covenants of good faith and fair dealing. na na September 4, 2009 www.mortgagedaily.com/LitigationMI032910.asp
American Sterling Bank U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp
Americare Investment Group Inc. U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp
Assurity Financial Services LLC U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp
Birmingham Bancorp Mortgage Corp. U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp
Countrywide Bank FSB and Countrywide Home Loans Old Republic Insurance Co. and Old Republic Insured Credit Services, Inc. Circuit Court, Cook County, Ill. na Plaintiffs seek to rescind or terminate credit indemnity policies issued on loans securitized by Countrywide based on material misrepresentations. Countrywide counterclaimed, alleging breach of contract and bad-faith. na na December of 2008 www.mortgagedaily.com/LitigationMI032910.asp
Countrywide Financial, Countrywide Home Loans, Bank of America affiliates of Countrywide and The Bank of New York Mellon Trust Company, N.A. Republic Mortgage Insurance Co. and Republic Mortgage Insurance Co. of North Carolina Supreme Court of the State of New York, County of New York na Plaintiffs filed a complaint for declaratory judgment. At issue is the rescission of mortgage insurance coverage on more than 1,500 loans. Countrywide responded by serving Old Republic with a demand for arbitration under the arbitration clause of the policies. na na December 31, 2009 www.mortgagedaily.com/LitigationMI032910.asp
Credit Suisse Securities LLP Ambac Financial Group, Inc. New York State Supreme Court na Ambac Financial filed suit against Credit Suisse in connection with a $170 million mortgage-backed security issued by Credit Suisse. Ambac has allegedly paid $44 million in claims on the security and seeks compensatory and punitive damages, claiming representations were breached on 80 percent of the 2,500 loans it made. Ambac Financial Group, Inc. v. Credit Suisse Securities LLP na January 8, 2010 www.mortgagedaily.com/Litigation011810.asp
D and R Mortgage Corp. U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp
Dell Franklin Financial LLC U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp
Evanston Insurance Company; Universal Assurors Agency, Inc. Guaranty Bank U.S. District Court for the Eastern District of Wisconsin $33,400,000 Guaranty Bank filed suit against Evanston Insurance Co. over $33.4 million in mortgage insurance premiums it paid on home-equity loans when the insurer was not licensed. Guaranty Bank v. Evanston Insurance Company et al. 2:2009cv00133 February 10, 2009 www.mortgagedaily.com/Litigation020910.asp
First Tennessee Bank, N.A. U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp
Mac-Clair Mortgage Corp. U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp
Old Republic International multiple cases State and federal courts in Connecticut, New Jersey, Ohio, Pennsylvania and Texas na Plainitffs allege Old Republic failed to give borrowers reissue and/or refinance credits on the premiums charged for title insurance covering mortgage refinancing transactions, as required by the Company’s rate schedules or by state rating bureaus with the state insurance regulatory authorities. na na na www.mortgagedaily.com/LitigationMI032910.asp
Pine State Mortgage Corp. U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp
Security Atlantic Mortgage Co. U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp
Sterling National Mortgage Company Inc. U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp
Triad Guaranty Inc. American Home Mortgage Holdings, et al. (Debtor in Chapter 11 Bankruptcy) U.S. District Court for the Northern District of Texas na Plaintiff seeks damages and a declaratory judgment regarding its claim that defendant denied payment for legitimate claims on 15 mortgage insurance loans. American Home Mortgage Servicing Inc. v. Triad Guaranty Insurance Corp. Case No: 3: 2009cv02363 December 11, 2009 www.mortgagedaily.com/LitigationMI032910.asp
Triad Guaranty Inc. Countrywide Home Loans Inc. Los Angeles County Superior Court $111 million Countrywide alleges breach of contract over improper bulk rescission of coverage. na na March 5, 2010 www.mortgagedaily.com/LitigationMI032910.asp
Triad Guaranty Inc. American Home Mortgage Holdings, et al. (Debtor in Chapter 11 Bankruptcy) U.S. Bankruptcy Court for the District of Delaware $7,600,000 Debtor, American Home Mortgage, filed an action in bankruptcy court to recover $7.6 million in alleged preferential payments made to Triad Guaranty Inc. In Re: American Home Mortgage Holdings,et al. Case No: 07-11047 na www.mortgagedaily.com/LitigationMI032910.asp
Webster Bank U.S. Department of Housing and Urban Development na na Subpoenas issued over poor performance of their originations. na na na www.mortgagedaily.com/HudInvestigations011210.asp

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