Mortgage Daily

Published On: August 24, 2009

Appraisal, Modification and Foreclosure Lawsuits Soar

DALLAS — (Aug. 24, 2009) A surge in litigation tied to real estate appraisals, loan modifications and foreclosures contributed to a 54 percent increase in mortgage-related lawsuits, according to the Second Quarter Mortgage Litigation Report from Investor litigation continued to be the busiest category.

The analysis, based on active cases covered by, was prepared in conjunction with the law firm of Patton Boggs LLP, which is known as a leader for its work in mortgage banking litigation.

During the second quarter, 125 cases were tracked, jumping from an already active 81 first-quarter cases. Second-quarter 2008 actions numbered just 42.

Leading the pack were modification cases — which jumped to 22 from none tracked in the first quarter. Much of the activity was tied to actions against modification firms. The increase in cases coincided with the launch of the Obama administration’s Home Affordable Modification program.

Also surging were foreclosure cases, which jumped to 26 actions from just 12.

Investor lawsuits and class actions continued to dominate mortgage-related litigation, rising to 31 cases from 21 in the first quarter. However, as the stock market has recently recovered, third-quarter investor litigation appears to be easing.

Second-quarter appraisal lawsuits increased to 11 from two in the prior period. Appraisal-related activity grew just as the Home Valuation Code of Conduct was implemented.

“Tracking consumer litigation cases like those identified by can help companies identify litigation and regulatory trends,” stated Pat McManemin with Patton Boggs. “This is a great way for industry members to mitigate against potential risks affecting products and services.”

The table below includes the most active categories.

Category Q2 Q1
Total 125 81
Advertising 9 4
Appraisals 11 2
Foreclosures 26 12
Investor 31 21
MBS 16 13
Modifications 22 0
Mortgage Fraud 11 5

Read the full second-quarter report at :

Mortgage Litigation news

Founded in 1998, provides online mortgage news and analysis for the mortgage industry. Around 1 million news pages are viewed monthly at and its affiliate publications.

About Patton Boggs LLP
Based in Washington DC, Patton Boggs LLP is a national leader in public policy and regulatory, litigation and business law, and is well known for its deep bipartisan roots in the national political arena. Visit

3811-700 Turtle Creek Blvd.
Dallas, TX 75219



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