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Mortgage Servicing Lawsuits Third-Quarter 2011 Mortgage Litigation Index

Mortgage Servicing Lawsuits
Third-Quarter 2011 Mortgage Litigation Index

Litigation related to loan servicing, including escrow issues, transfer of servicing and servicing borrowers in bankruptcy and foreclosure.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Link to Story
Andrea L. Brent, as Defendant and 3rd Party Plaintiff for the class  Midland Funding LLC as Plaintiff and 3rd Party Defendant U.S. District Court for the Northern District of Ohio $5,200,000 U.S. District Judge David Katz has granted approval of a $5.2 million settlement in the case from 2008 in which an Erie County woman challenged the debt-collection industry’s practice of using false affidavits to obtain judgments against debtors across the country.  The affidavits, usually filed in lower courts, claimed that the signer had “personal knowledge” of the debt being collected upon, when in fact the documents had been signed by clerks with no such personal knowledge. Midland Funding LLC v. Brent, et al. 3:2008cv01434 6/13/2008 www.mortgagedaily.com/MctLawsuitMidland081611.asp 
Ocwen Financial Corp.; Goldman Sachs Bank USA; Litton Loan Servicing, LP New York Department of Financial Services and Banking Department New York Department of Financial Services and Banking Department n/a The Superintendant of Financial Services announced that the Department of Financial Services and Banking Department has entered into an agreement with Ocwen, Goldman Sachs, and Litton Loan Servicing, requiring Goldman Sachs to write down principal on NY mortgages as a condition of selling its mortgage servicing subsidiary.  Goldman acquired Litton in 2007 now seeks to sell Litton to Ocwen in a $264 million all-cash transaction.  As part of the transactions, all three firms will adhere to “new mortgage servicing practices.” Agreement on Mortgage Servicing Practices n/a 9/1/2011 www.mortgagedaily.com/SettlementNY090111.asp 
Legacy Bank of Florida John R. Hock; Doreen T. Zic-Hock District Court of Appeal of Florida, Fourth District n/a Petitioners filed a petition for certiorari challenging an order of the circuit court requiring petitioners to post a $400,000 bond into the court registry as a condition to their claim of rescission of a home equity mortgage on their residence.  The appellate court dismissed the petition finding that it failed to show irreparable harm not remedial on appeal. Hock, et al. v. Legacy Bank of Florida 4D10-3872 4/20/2011 www.mortgagedaily.com/LitigationCompliance081711.asp 
Wells Fargo Bank, N.A.; Wells Fargo Financial of Tennessee, Inc.; Wells Fargo Financial Tennessee I, LLC City of Memphis; Shelby County U.S. District Court for the Western District of Tennessee n/a Settlement talks started in hopes of resolving a lawsuit that the city filed against the company’s local lending practices.  The suit alleges that “unlawful, irresponsible, unfair, deceptive and discriminatory” lending practices by Wells Fargo violated the Fair Housing Act. City of Memphis, et al. v. Wells Fargo Bank, N.A., et al.  2:2009cv02857 12/30/2009 www.mortgagedaily.com/MctLawsuitWellsMemphis083011.asp 
Ethyl R. Seeley; Clarence Davidson; Pamela Davidson, et al. U.S. Bank National Association Court of Appeals of Indiana $98,500 Court of Appeals in Indiana affirmed grant of summary judgment to borrower who presented an affidavit from the original title company that an October 1999 payoff should have released the mortgage.  U.S. Bank Nat’l Assoc. v. Seeley et al.  21A04-1102-MF-84 n/a www.mortgagedaily.com/LitigationForeclosures080311.asp
Rosa Paiz U.S. Bank, N.A. Fourth District Court of Appeals – Florida n/a An appeals court allowed a foreclosure sale to proceed by denying a borrower’s motion to vacate the order of foreclosure. U.S. Bank N.A. v. Paiz No. 3D11-891 8/17/2011 www.mortgagedaily.com/litigationforeclosures091411.asp
Chase Home Finance, LLC Jonathon Rowles, individually and as class representative of others similarly situated U.S. District Court for the District of South Carolina $27,000,000 JP Morgan Chase & Co. announced in April that it agreed to settle a class action lawsuit over financial protections that are due military borrowers under the Servicemembers Civil Relief Act.  The agreement is subject to court approval and calls for Chase to make $27 million in benefits available to military customers. Rowles v. Chase Home Finance LLC 9:10-01756-MBS 7/6/2010 www.mortgagedaily.com/LitigationCompliance081711.asp 
CitiMortgage Inc. Jorge Rodriguez U.S. District Court for the Southern District of New York n/a Rodriguez sued Citi under the Servicemembers Civil Relief Act because Citi filed a foreclosure against his Texas home while he was training for deployment to Iraq. Rodriguez v. CitiMortgage Inc. 11-cv-04718 7/8/2011 www.mortgagedaily.com/LitigationForeclosure071111.asp
63 Home owners Banks seeking to foreclose U.S. District Court for the District of Rhode Island n/a U.S. District Court Judge John J. McConnell Jr. put more than 60 cases challenging foreclosure proceedings across Rhode Island on hold and ordered the bank and borrowers to engage in “direct and serious” settlement talks. In re Mortgage Foreclosure Cases Misc. No. 11-mc-88-M-LDA 8/16/2011 www.mortgagedaily.com/MctForeclosuresRI082011.asp 
Ally Financial Inc., GMAC Mortgage LLC; Jeffrey Stephan State of Ohio, ex rel Richard Cordray, Attorney General of Ohio U.S. District Court for the Northern District of Ohio n/a In November of 2010, then AG of Ohio, Cordray, filed suit against defendant for engaging in allegedly deceptive debt-collection practices using false affidavits to obtain judgments against debtors.  The affidavits falsely claimed that the signer had personal knowledge of the debt.  The suit was removed to federal court and the judge has refused several motions to dismiss while awaiting a decision by the Ohio Supreme Court on a question of state law. State of Ohio ex rel Richard Cordray, Attorney General of Ohio v. Ally Financial Inc., et al. 3:2010cv02537 11/5/2010 www.mortgagedaily.com/MctLawsuitMidland081611.asp 
Bank of America Tom Miller, Attorney General for State of Iowa n/a n/a Tom Miller, along with 49 other attorney generals and federal officials, are negotiating a settlement with Bank of America for robo-signing. n/a n/a n/a www.mortgagedaily.com/MctBoa072311.asp
Catherine Paige Parker LaSalle Bank N.A., trustee Fourth District Court of Appeals – Florida n/a Appellate court determined that service by publication was inadequate where servicer failed to conduct diligence for service of notice of foreclosure. Parker v. LaSalle Bank, N.A. No. 4D10-482 8/10/2011 www.mortgagedaily.com/litigationforeclosures091411.asp
Deutsche Bank National Trust Co. Angela T. Turner Mississippi Court of Appeals $58,840 The court of appeals reversed a decision for Deutsche Bank because Deutsche Bank did not comply with the state’s service of process rules. Turner v. Deutsche Bank Nat’l Trust Co. 2009-CA-01601-COA 6/14/2011 www.mortgagedaily.com/LitigationForeclosure071111.asp
Deutsche Bank National Trust Co. Jenny and Galo Valencia Florida Court of Appeals, Fourth District n/a The homeowners convinced the court of appeals to reverse a foreclosure because Deutsche Bank could not find the original default letter as required by Florida law, which created a genuine issue of material fact for the trial court to decide on remand. Valencia v. Deutsche Bank Nat’l Trust Co. 4D09-3297 6/22/2011 www.mortgagedaily.com/LitigationForeclosure071111.asp
Deutsche Bank National Trust Co. People of the State of California Superior Court of California, Los Angeles n/a Los Angeles City Attorney Carmen Trutanich accuses Deutsche Bank of being the largest slumlord in the city by purchasing more than 2,200 properties through foreclosure and letting vacant buildings fall into disrepair; Deutsche Bank also accused of illegally evicting low-income tenants. People v. Deutsche Bank Nat’l Trust Co. BC460878 5/4/2011 www.mortgagedaily.com/MctLawsuitDeutsche071211.asp
Deutsche Bank National Trust Company, as Indenture Trustee of the Aames Mortgage Investment Trust 2005-1, Pedro F. Laurencio; Esteves Pedro a/k/a Adelaida Laurencio; Accredited Home Lenders, Inc.; Successor by Merger to Aames Funding Corporation d/b/a Aames Home Loan; City of Cape Coral; Tenant #1 n/k/a Adaleida Laurencio; Tenant #2 n/k/a Pedro Laurencio  District Court of Appeal of Florida, Second District $200,715 Letter from Deutsche Bank to Borrowers said they would have 30 days to cure default, but then filed a foreclosure complaint two days later. Laurencio et al. v. Deutsche Bank Nat’l Trust Co., as Indenture Trustee of the Aames Mortgage Investment Trust 2005-1 2D10-2448 n/a www.mortgagedaily.com/LitigationForeclosures080311.asp
Eric Hankins et al. Kondaur Capital Corporation Supreme Judicial Court of Maine $206,238 Summary judgment for Kondaur (Lender) was vacated and remanded by Supreme Judicial Court of Maine.  Kondaur Capital Corporation v. Hankins  Han-10-529 n/a www.mortgagedaily.com/LitigationForeclosures080311.asp
Eric P. Gick; Marilyn Gick Wells Fargo Bank N.A. District Court of Appeal – Fifth District Florida n/a Appellate Court reverses foreclosure order because complaint wasn’t verified. Wells Fargo Bank N.A., trustee v. Gick n/a n/a www.mortgagedaily.com/litigationforeclosures091411.asp
Fisher and Shapiro LLC Stacy Hill U.S. District Court for the Northern District of Illinois n/a Hill claims that Fisher and Shapiro altered a foreclosure affidavit and violated the Fair Debt Collections Practices Act and an Illinois consumer protection act. Hill v. Fisher and Shapiro LLC 1:2011-cv-04198 6/20/2011 www.mortgagedaily.com/LitigationForeclosure071111.asp
Homecomings Financial Network, Inc. Tiffany Brown and James McCray Missouri Court of Appeals, Western District $143,031 The court of appeals reversed a trial court’s decision when the homeowners’ refinancing company, Homecomings, failed to pay taxes and insurance and the homeowners were led to believe that their lower payments were a result of the refinancing.  The court remanded the case to the trial court to determine damages related to the homeowners’ unjust enrichment claim. Brown v. Homecomings Fin. Network, Inc. WD71415 6/21/2011 www.mortgagedaily.com/LitigationForeclosure071111.asp
HomeQ Servicing, Inc.; Bank of New York Mellon Trust Co.; Patrick King; Administrative Office of the Courts Foreclosure Mediation Program Philip and Patricia Redmon Supreme Court of Nevada n/a The Supreme Court of Nevada remanded the case to the trial court to determine whether HomeQ should be sanctioned for failing to have someone present at mediation with the authority to negotiate the homeowners’ loan. Redmon v. HomeQ Servicing, Inc., et al. 56358 7/7/2011 www.mortgagedaily.com/MctForeclosureNv071111.asp
HSBC Bank USA; Power Default Services; American Home Mortgage Servicing Inc. Emiliano and Yvette Pasillas Supreme Court of Nevada n/a The Supreme Court of Nevada remanded the case to the trial court to determine the proper amount of sanctions after HSBC failed to comply with the state’s Foreclosure Mediation Rules by not having proper documentation present at the mediation and by not participating in good faith. Pasillas v. HSBC Bank USA, et al. 56393 7/7/2011 www.mortgagedaily.com/MctForeclosureNv071111.asp
Irene Taher HSBC Bank USA, N.A. NY Supreme Court, Kings County n/a State Supreme Court Justice in Brooklyn, NY, is threatening sanctions against CEO of HSBC Bank–Irene Dorner– for false and misleading documents used in a foreclosure case.  HSBC Bank USA, N.A. v. Irene Taher 2011 NY Slip Op 51208(U) n/a www.mortgagedaily.com/Mctforeclosuresny073111.asp
Lender Processing Services, Inc. and DocX, LLC American Home Mortgage Servicing Inc. In the District Court, Dallas County, Texas “millions” Plaintiff, a Coppell, Texas-based servicer claims that it has lost millions of dollars because “LPS and DocX’s improper execution, notarization, and recording of mortgage assignments affecting more than 30,000 residential mortgages across the country.”   American Home Mortgage Servicing, Inc., v. Lender Processing Services, Inc., et al. 11-10440 8/23/2011 www.mortgagedaily.com/LawsuitAmericanHome082311.asp 
Litton Loan Servicing LP Brian J. Casey, et al U.S. District Court for the District of Maryland n/a Casey and a class are suing Litton for robo-signing and mishandling borrower’s loan history. Casey v. Litton Loan Servicing LP 1:11-cv-00787 3/25/2011 www.mortgagedaily.com/MctServicers070411.asp
Michael S. Prater PHH Mortgage Corporation Court of Appeals of Ohio, Twelfth District, Clermont County n/a Ohio Court of Appeals denied PHH’s motion to set aside the sale on the grounds that it did not receive notice (received notice on web rather than in mail, as in prior occurrences).  PHH Mortgage Corp. v. Prater, et al. CA2010-12-095 n/a www.mortgagedaily.com/LitigationForeclosures080311.asp
Mohsen Fanous First Horizon Home Loans Court of Appeals of Ohio – 8th District n/a A foreclosure was set aside due to a forbearance agreement, and appeals court affirmed decision. First Horizon Home Loans, Inc. v. Mohsen Fanous No. 95924 8/25/2011 www.mortgagedaily.com/litigationforeclosures091411.asp
n/a JPMorgan Chase Bank and Chase Home Finance, LLC; Bank of America D/B/A BAC Home Loans Servicing,, LP; Wells Fargo Bank, N.A.; Citibank, N.A.; Citi Residential Lending, Inc.,  Superior Court of New Jersey, Chancery Division – General Equity Part-Mercer County n/a Four major lenders, Bank of America, Citibank, JPMorgan Chase and Wells Fargo, were cleared to start filing foreclosures again in New Jersey, almost eight months after the state’s chief justice halted most foreclosures following reports of legal irregularities in affidavits and foreclosure documents.  In re Residential Mortgage Foreclosure Pleading and Document Irregularities F-59553-10 n/a www.mortgagedaily.com/MctForeclosuresNJ081611.asp 
na Ally Financial Inc. New Jersey Supreme Court na Foreclosures were authorized to resume after the judge’s prior decision to halt a total six cases. na na na www.mortgagedaily.com/litigationforeclosures091411.asp
na Bank of America New Jersey Supreme Court na Foreclosures were authorized to resume after the judge’s prior decision to halt a total six cases. na na na www.mortgagedaily.com/litigationforeclosures091411.asp
na Citibank New Jersey Supreme Court na Foreclosures were authorized to resume after the judge’s prior decision to halt a total six cases. na na na www.mortgagedaily.com/litigationforeclosures091411.asp
na JPMorgan Chase New Jersey Supreme Court na Foreclosures were authorized to resume after the judge’s prior decision to halt a total six cases. na na na www.mortgagedaily.com/litigationforeclosures091411.asp
na OneWest New Jersey Supreme Court na Foreclosures were authorized to resume after the judge’s prior decision to halt a total six cases. na na na www.mortgagedaily.com/litigationforeclosures091411.asp
na Wells Fargo New Jersey Supreme Court na Foreclosures were authorized to resume after the judge’s prior decision to halt a total six cases. na na na www.mortgagedaily.com/litigationforeclosures091411.asp
ReconTrust Company, N.A. State of Washington King County Superior Court n/a The State of Washington sued ReconTrust, a subsidiary of Bank of America Corp., for illegally foreclosing on thousands of borrowers in the last three years.  State of Washington v. ReconTrust, N.A. 2:2011cv01460 9/2/2011 www.mortgagedaily.com/MctLawsuitBoaWa080611.asp
Shedrick Arbonnetta Bucknor; Unknown spouse of Shedrick Arbonnetta; Unknown Person(s) in Possession of Subject Property; Suncoast Schools Federal Credit Union; South Pointe Homeowners Association, Inc. Novastar Mortgage Inc. District Court of Appeal of Florida, Second District n/a Borrower told Novastar (Lender) he would reclaim the property by paying it off, Borrower claims lender told him the sale would be cancelled, but it wasn’t.  Court reversed.  Novastar Mortgage Inc. v. Bucknor et al. 2D10-4545 n/a www.mortgagedaily.com/LitigationForeclosures080311.asp
Wells Fargo Home Mortgage Inc. Mark Demucha California Court of Appeals, Fifth District n/a The court of appeals overruled Wells Fargo’s demurrer to most of the claims made by the homeowners in connection with a foreclosure suit. Demucha v. Wells Fargo Home Mortgage, Inc. F059476 7/5/2011 www.mortgagedaily.com/LitigationForeclosure071111.asp
Christine Kimball U.S. Bank National Association Supreme Court of Vermont $185,520 U.S. Bank lost an appeal of a summary judgment against its foreclosure of a property in Vermont.  U.S. Bank Nat’l Association, v. Kimball 2010-169 n/a www.mortgagedaily.com/LitigationForeclosures080311.asp
Countrywide Home Loans, Inc.; Mortgage Electronic Registration Systems, Inc.; Recon Trust Co.,  Jose Gomes U.S. Supreme Court n/a Appeal sought in review of the lawsuit, which challenges MERS’ ability to foreclose without proving that it had the noteholder’s authority to foreclose. Gomes v. Countrywide Home Loans, Inc., et al. 11-195 8/17/2011 www.mortgagedaily.com/LawsuitAppealMers081711.asp� 
J.P. Morgan Chase; Chase Home Finance Corp. Linda Patricia Zimmerman et al.  Palm Beach County Court n/a Suit seeking injunction against JP Morgan Chase from foreclosures based on improper documentation, faulty assignments, MERS problems, and related issues. Zimmerman v. JP Morgan Chase Bank NA et al. No. 502011CA012855XXXXMB 8/25/2011 www.mortgagedaily.com/mctlawsuitchase091411.asp
Jacqueline Bethea; Constance Lawrence Mitchell; GMAC Deutsche Bank Nat. Trust Co., trustee Superior Court of New Jersey – Appellate Division n/a Foreclosure vacated because servicer initiated foreclosure one day prior to obtaining an assignment of the note.  Deutsche Bank Nat. Trust Co., trustee, v. Bethea et al.  No A-4925-09T3 8/9/2011 www.mortgagedaily.com/litigationforeclosures091411.asp
Lehman Brothers Bank, FSB, A Federal Savings Bank; Mortgage Electronic Registration Systems (“MERS”); Aurora Loan Services, LLC Anthony Bucci; Stephanie Bucci Rhode Island Supreme Court n/a Plaintiffs’ lawsuit challenged MERS’ to foreclose on their home.  The Supreme Court of Rhode Island ruled that MERS, as mortgagee and nominee for the mortgagee, may exercise the statutory power of sale in its own name. Bucci v. Lehman Brothers Bank, et al. PC-09-3888 8/25/2009 www.mortgagedaily.com/MctForeclosuresRI082011.aspwww.mortgagedaily.com/MctForeclosuresRI082011.asp
Mortgage Electronic Registration Services, Inc.; Domestic Savings Bank; Credit Northeast; Countrywide Home Loan Servicing, LP; Bank of America, N.A.; BAC Home Loans Servicing, LP; Federal National Mortgage Association Robert E. Moll U.S. District Court for the District of Rhode Island n/a Plaintiff’s lawsuit asks the court to declare certain mortgage assignments void and to rule that he owns his property as a matter of law.  Defendants filed a Motion to Dismiss his complaint in July, arguing that Moll expressly granted the mortgage interest to MERS and its successors in signing the mortgage. Moll v. Mortgage Electronic Registration Services, Inc., et al. 1:2011cv00004 1/5/2011 www.mortgagedaily.com/MctForeclosuresRI082011.asp
Mortgage Electronic Registration System Inc., CitiMortgage Inc. Commonwealth Property Advocates Utah Court of Appeals n/a Appeals court affirmed summary judgment for MERS and Citi, acknowledging MERS’ authority to hold and transfer the security interest under the deed of trust.  Commonwealth Property Advocates, LLC v. Mortgage Electronic Registration System, Inc. et al. 20100888-CA  14-Jul www.mortgagedaily.com/LitigationForeclosures080311.asp, www.mortgagedaily.com/LitigationTitle100911.asp
Moshe Mazine; Jaacov Bouskila M&I Bank District Court of Appeal of Florida, First District n/a District Court of Appeal of Florida, First District, agreed with borrowers and reversed lower court’s decision because the lender on the note was different than the plaintiff listed on the foreclosure complaint.  Mazine et al. v. M&I Bank 1D10-2127 n/a www.mortgagedaily.com/LitigationForeclosures080311.asp
na HSBC Bank USA U.S. Bankruptcy Court n/a Judge ruled in favor of HSBC in deciding that assignment from Mortgage Electronic Registration Systems Inc. conveyed legal title. n/a n/a n/a www.mortgagedaily.com/LitigationForeclosures080311.asp
National Default Servicing Corp.; America’s Servicing Co.; Wells Fargo Co. Moises Leyva Supreme Court of Nevada n/a The Supreme Court of Nevada ruled that the state’s Foreclosure Mediation statute applies even if the current borrower is not the original borrower, and allowed Leyva to mediate with Wells Fargo and the loan’s servicers. Leyva v. Nat’l Default Serv. Corp. 55216 7/7/2011 www.mortgagedaily.com/LitigationForeclosure071111.aspwww.mortgagedaily.com/MctForeclosureNv071111.asp
Wells Fargo Bank N.A.; Mortgage Electronic Registration Systems, Inc. Andrew Neilson U.S. District Court for the District of Oregon The court held that the MERS assignment process is acceptable.  Neilson v. Wells Fargo Bank N.A. No. 3:2010cv01516 8/8/2011 www.mortgagedaily.com/litigationforeclosures091411.asp
Bank of America Corp.; Bank of America, N.A.; BAC Home Loans Servicing LP; Recontrust Company, N.A.; Countrywide Financial Corp.; Countrywide Home Loans Inc.; Full Spectrum Lending Inc. State of Nevada U.S. District Court for the District of Nevada n/a Nevada Attorney General filed suit against Defendants following consumer complaints and an extensive investigation into Defendants’ alleged deceptive practices regarding its residential mortgage servicing, particularly its loan modification and foreclosure practices. State of Nevada v. Bank of America Corp., et al. 3:2011-cv-00135-RCJ (RAM) 2/23/2011 www.mortgagedaily.com/LitigationMbs090711.asp� 
Bank of America United States Treasury Department n/a $24,000,000 The Treasury Department censured Bank of America for not implementing HAMP well enough and withheld fees due to Bank of America as punishment. n/a n/a n/a www.mortgagedaily.com/MctBoa072311.asp
Saxon Mortgage Services, Inc. Deborah A. Pandit; Ranujoy D. Pandit, as lead Plaintiffs U.S. District Court for the Eastern District of New York n/a Ranujoy and Debora Pundit, on behalf of a class of complainants, allege that the Defendant home-loan servicing company intentionally misused the federal loan modification process by routinely and systematically misleading homeowners in making monthly ‘trial’ payments … and into repeatedly sending and resending documents in doomed attempts to qualify for lower monthly payments. Pandit, et al. v. Saxon Mortgage Services, Inc. 2:2011cv03935 8/15/2011 www.mortgagedaily.com/MctLawsuitSaxon082011.asp

 

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