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Mortgage Servicing Lawsuits Fourth-Quarter 2011 Mortgage Litigation Index

Mortgage Servicing Lawsuits
Fourth-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 Date of Activity Link to Story
U.S. Bank, N.A., and U.S. Bank Home Mortgage Lead plaintiff Matthew Lacroix na na Federal class action filed over forced-placed insurance. Lacroix v. U.S. Bank, N.A., et al na 11/2/2011 na www.mortgagedaily.com/LitigationServicing013012.asp
American Home Mortgage Servicing Inc. Alan and Kristine Wright U.S. Bankruptcy Court $50,000 American Home ordered to pay damages because it foreclosed on home after failing to tell them their payments had increased. na na na 12/28/2012 www.mortgagedaily.com/MctBankruptcyAhmsi010612.asp
Federal Deposit Insurance Corp. as receiver of Washington Mutual Bank Nadia Youkelsone U.S. Court of Appeals, District of Columbia Circuit na Appeals court reversed dismissal and remanded case NADIA YOUKELSONE, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF WASHINGTON MUTUAL BANK, Appellee 10-5197 2009 11/8/2011 www.mortgagedaily.com/LitigationForeclosures110911.asp
Samantha Carter Bank of America na $2,700,000 Squatter files affidavit of adverse possession forcing servicer to take foreclosed property off the market. na na na na www.mortgagedaily.com/MctTexasSquatters120411.asp
Mark Alan Helsing na na $6,900,000 Defendant was sentenced to 15 years prison for stealing $6.9 million from 12 investors in a Ponzi and real estate fraud scheme. His companies were Sea View Investments, HLHS Financial Services Inc., Foothill Realty and Sea View Mortgage. na na na 12/16/2011 www.mortgagedaily.com/LitigationCriminal122011.aspwww.mortgagedaily.com/LitigationCriminal122011.aspwww.mortgagedaily.com/LitigationCriminal103111.asp
Donna Shebetich na na $7,000,000 Defendant was sentenced to 72 months prison for lying about Metropolitan Savings Bank’s delinquent loans. na na na 11/18/2011 www.mortgagedaily.com/LitigationCriminal122011.asp
John Andrew Portik na St. Lucie County Circuit Court na After pleading no contest to making bomb threat against American Home Mortgage Servicing employee, defendant filed civil suit against servicer  over allegations of defamation, abuse of process and intentional infliction of emotional distress. na na 9/15/2011 na www.mortgagedaily.com/LitigationCriminal103111.asp
Matthew Skinner na U.S. District Court for the District of South Carolina na Defendant pled guilty to to personally accepting payments on mortgage loans na na na 10/27/2011 www.mortgagedaily.com/LitigationCriminal103111.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
PNC Bank, NA Ellen S. Essig U.S. District Court for the Western District of Pennsylvania na Plaintiff alleges that defendant has been overcharging for subordination fees on home-equity lines of credit. Defendant denies claims in answer. ELLEN S. ESSIG, Individually and On Behalf Of All Others Similarly Situated, Plaintiff, vs. PNC BANK, NA, a wholly-owned subsidiary of PNC FINANCIAL SERVICES GROUP, INC, Defendant 2:10-cv-1738-WLS 12/23/2010 Jul. 2011 www.mortgagedaily.com/LitigationFees101211.asp
Bank of America Long Nguyen na $9,000 Defendant allegedly waited up to four days after the due date to apply payments — reportedly raising plaintiff’s loan costs and extending his maturity from 2016 to 2029 na na na na www.mortgagedaily.com/LitigationFees101211.asp
Nationstar Mortgage, LLC David J. Triplett U.S. District Court for the Southern District of West Virginia na Defendant denies charges. Deadline for plaintiff to file a motion to compel defendant to respond to discovery requests was extended until Oct. 18. Class action certification sought. DAVID J. TRIPLETT, individually and on behalf of a class of similarly-situated persons, Plaintiff, v. NATIONSTAR MORTGAGE, LLC, Defendant 3:11-cv-00238 4/12/2011 10/18/2011 www.mortgagedaily.com/LitigationFees101211.asp
Fannie Mae California Attorney General Kamala D. Harris San Francisco County Superior Court na Lawsuit filed seeking answers about defendants’ role in California’s housing meltdown. But, federal officials say it’s against the law to issue subpoenas to the two companies according to the HERA of 2008. na na 12/20/2011 na www.mortgagedaily.com/MctLawsuitCalifGses122111.asp, www.mortgagedaily.com/MctGseSubpoenas111711.asp
Freddie Mac California Attorney General Kamala D. Harris San Francisco County Superior Court na Lawsuit filed seeking answers about defendants’ role in California’s housing meltdown. But, federal officials say it’s against the law to issue subpoenas to the two companies according to the HERA of 2008. na na 12/20/2011 na www.mortgagedaily.com/MctLawsuitCalifGses122111.asp, www.mortgagedaily.com/MctGseSubpoenas111711.asp
Janelle Gabay HSBC Bank USA, N.A. Supreme Judicial Court of Maine na Defendant’s appeal granted due to genuine issues of material fact HSBC BANK USA, N.A., AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2005, FREMONT HOME LOAN TRUST 2005-E, v. JANELLE GABAY Cum-10-581 na 9/15/2011 www.mortgagedaily.com/LitigationTitle100911.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
Citibank, N.A., et al Jonas Z. Lona Court of Appeals of California, Sixth District $1,500,000 Appeals court reversed foreclosure holding that “summary judgment was improper because: the homeowner presented sufficient evidence of triable issues of material fact with regard to the alleged unconscionability of the transaction; and the motion did not address a pertinent exception to the tender requirement, which the homeowner had raised in his complaint.”  JONAS Z. LONA, Plaintiff and Appellant, v. CITIBANK, N.A., as Trustee, etc. et al., Defendants and Respondents H036140 na 12/21/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
City of Chicago Federal Housing Finance Agency U.S. District Court for the Northern District of Illinois na Complaint filed alleging Defendant passed an ordinance that requires mortgage servicers to maintain vacant properties — even before the foreclosure process has completed. Plaintiff is suing to prevent enforcement of the ordinance. FEDERAL HOUSING FINANCE AGENCY, On its Own Behalf and as Conservator of Fannie Mae and Freddie Mac, Plaintiff, v. CITY OF CHICAGO, a municipal corporation, Defendant 1:11-cv-08795 12/12/2011 na www.mortgagedaily.com/LawsuitFhfaChicago121211.asp
Faythe P. Woodrum, Timothy P. Woodrum, and Dawn M. Woodrum Wells Fargo Mortgage Bank, N.A. District Court of Appeal of Florida, Fourth District na Appeals court reversed foreclosure judgment in fafor of Wells Fargo. The bank argued that where an answer is overdue, affirmative defenses raised in an affidavit opposing the motion for summary judgment cannot be considered by the trial court. But the court said Wells Fargo offers no case law supporting its position. FAYTHE P. WOODRUM, TIMOTHY P. WOODRUM and DAWN M. WOODRUM, Appellants, v. WELLS FARGO MORTGAGE BANK, N.A., as successor by merger to WACHOVIA BANK, N.A., Appellee 4D10-3538 11/9/2011 11/9/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
GMAC Mortgage Nicolle M. Bradbury Maine Supreme Judicial Court  na Supreme court upheld lower court’s decision to allow the defendant to foreclose upon plaintiff despite flawed practices and “robo-signing.” na na na 12/6/2011 www.mortgagedaily.com/MctForeclosuresMaine120611.asp
James D. Bryson Branch Banking and Trust Co. District Court of Appeal of Florida, Second District na Summary foreclosure judgment reversed by the appeals court and remanded back to the trial court because plaintiff did not meet its burden of conclusively showing that there was no genuine issue of material fact. JAMES D. BRYSON, Appellant, v. BRANCH BANKING AND TRUST COMPANY, Appellee 2D10-3360 na 11/30/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
John Galvin PHH Mortgage Corp. Court of Appeals of Ohio, Ninth District, Summit County na Summary foreclosure judgment in favor of PHH reversed. PHH Mortgage Corporation fka Cendant Mortgage Corporation dba Coldwell Banker Mortgage Corporation, Appellee, v. John W. Galvin and Stephanie B. Galvin, et al., Appellant. 25917 na 12/30/2011 www.mortgagedaily.com/LitigationForeclosures020312.asp
Joseph and Mary Romero na New Mexico Court of Appeals na State appeals court upheld foreclosure decision on loan originated by Equity One Inc. na na na Oct. 2011 www.mortgagedaily.com/MctLawsuitForeclosureNm010712.asp
Joyce and Lankford Taylor Bayview Loan Servicing LLC District Court of Appeal of Florida, Second District na Decision reversed. The decision was made because genuine issues of material fact remain regarding the Taylors’ affirmative defense of lack of notice. JOYCE TAYLOR and LANKFORD TAYLOR, Appellants, v. BAYVIEW LOAN SERVICING, LLC, Appellee 2D10-1493 na 11/9/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Lender Processing Services Inc., Bank of America, ReconTrust Co.; IndyMac Mortgage Services; and Regional Service Corp. na Clark County District Court in Las Vegas  na Class action filed by borrowers alleges fraudulent foreclosures. Defendant claims plantiff has improperly outsourced a foreclosure document robosigning investigation. Plaintiff alleges violations of Nevada’s Deceptive Trade Practices Act. na na 12/20/2011 na www.mortgagedaily.com/MctLawsuitLpsNv121711.aspwww.mortgagedaily.com/MctLawsuitLps122111.asp
Linda and Peter Halas Countrywide Home Loans Inc. Superior Court of New Jersey, Appellate Division na Overturned a March 18 decision to deny a motion to vacate default judgment. COUNTRYWIDE HOME LOANS, INC., Plaintiff-Respondent, v. LINDA M. HALAS and PETER T. HALAS, her husband, Defendants-Appellants Docket No. A-4107-10T1 na 12/6/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Martin J. Beirne Jr. Wells Fargo Bank, N.A. Court of Appeals of Ohio, Ninth District, Medina County na Foreclosure judgment overturned by Appeals Court. The appeals court agreed with Beirne that Wells Fargo failed to present evidence that it had provided a notice of default. Wells Fargo Bank, N.A. as Trustee, Appellee, v. Martin J. Beirne, Jr. et al, Appellants 09CA0103-M na 12/27/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
MR. TOLEDO, Husband of BERNICE TOLEDO Aurora Loan Services LLC Superior Court of New Jersey, Appellate Division $380,000 Appeals court reversed the order granting summary judgment and remanded the case back to the trial court because of robo-signing. AURORA LOAN SERVICES, LLC, Plaintiff-Respondent, v. BERNICE TOLEDO, Defendant-Appellant, and MR. TOLEDO, Husband of BERNICE TOLEDO, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., As Nominee For LEHMAN BROTHERS BANK FSB; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., As Nominee For AURORA LOAN SERVICES LLC, Defendants A-0804-10T3 na 10/18/2011 www.mortgagedaily.com/LitigationForeclosures110911.asp
Ocwen Loan Servicing, LLC Sherry E. Hoard Court of Appeals of Kentucky na A judgment by the Jefferson Circuit Court in favor of defendant was vacated by the appeals court and the case was remanded. Among the issues left to be ironed out is defendant’s standing. SHERRY E. HOARD, Appellant, v. OCWEN LOAN SERVICING, LLC, Appellee 2010-CA-001823-MR na 12/9/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Phyllix Means and Ray Stovall Beal Bank, S.S.B. Court of Appeals of Ohio, Eighth District, Cuyahoga County $60,456 Appeals court reversed trial court’s decision and remanded case because, it said, the trial court abused its discretion in its decision to grant a summary foreclosure judgment in July 2010 Beal Bank S.S.B., Plaintiff-Appellee, v. Phyllix Means, et al., Defendants-Appellants 96252 na 11/17/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Ramon Solorin U.S. Bank, N.A. Supreme Court, Queens County, N.Y. Case dismissed because the plaintiff was unable to comply with a court requirement that they certify the accuracy of the papers filed. na na na 11/10/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Robert McLean JP Morgan Chase Bank, N.A. District Court of Appeal of Florida, Fourth District na Appeals court reversed previous decision. When the trial court ruled in favor of Plaintiff in April 2010, it ordered the lender to provide a copy of the assignment that empowered the company to foreclose. But the assignment provided was dated three days after the foreclosure was filed. Defendant successfully argued that the record lacked any evidence that Plaintiff had standing to foreclose at the time the lawsuit was filed. ROBERT McLEAN, Appellant, v. JP MORGAN CHASE BANK NATIONAL ASSOCIATION, not individually but solely as Trustee for the holders of STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-ARS, Appellee 4D10-3429 na 12/14/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Bank of America Corp., GMAC-RFC and J.P. Morgan Chase Co., et al City of Cleveland Court of Common Pleas, Cuyahoga County, Ohio na Court dismissed the plaintiff’s claims that the defendants caused the current foreclosure crisis in Cleveland by routinely making loans to borrowers who had no ability to pay them back.  na na Jan. 2008 11/22/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
American Home Mortgage Service Inc. Sherrita Richardson Harris Jackson County Circuit Court na Complaint filed in case where deal reached for borrower to acquire home, but public notices still filed by servicer which cant’ find note. Trial set for Dec. 19. na na 4-Oct na www.mortgagedaily.com/MctLawsuitAmericanHome100611.asp
Anna M. Miller RMS Residential Properties, LLC Connecticut Supreme Court na The defendant alleged that MERS could not be named as mortgagee since it wasn’t the original lender or the party secured by the mortgage and asked the court to declare the MERS mortgage to be void. But the court ruled that plaintiff did have standing to foreclose. RMS Residential Properties, LLC v. Anna M. Miller et al na na Dec. 2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Assurity Financial Services Peirce U.S. District Court for the District of Oregon na Court found that under Oregon law, MERS can serve as the beneficiary under the deed of trust. Mosman rejected the plaintiff’s wrongful foreclosure claims. Peirce v. Assurity Financial Services  na na Dec. 2011 www.mortgagedaily.com/LitigationTitle122711.asp
Aurora Loan Services David Kiah U.S. Court of Appeals for the First Circuit na Ruling in favor of MERS. David Kiah, Plaintiff, Appellant, v. Aurora Loan Services LLC, et al, Defendants, Appellees 11-1010 na 12/13/2011 www.mortgagedaily.com/LitigationTitle031712.asp
Avelo Mortgage Holland Court of Appeals of California, First District, Division One na The complaint alleged that MERS was not a true beneficiary and could not assign its interest in the deed of trust to the defendant. The plaintiff sought to eliminate defendant’s authority to foreclose. Court ruled in favor of defendant. Holland v. Avelo Mortgage na na 12/23/2011 www.mortgagedaily.com/LitigationTitle122711.asp
BAC Home Loans Malikyar U.S. District Court for the Eastern District of Texas na Court affirmed MERS’ role as mortgagee in a Nov. 18 decision to dismiss the case Malikyar v. BAC Home Loans with prejudice. Malikyar v. BAC Home Loans na na 11/18/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Bank of New York Mellon Trust Co. Joshua R. Dow State of New Hampshire Superior Court na Ex parte petition filed to enjoin foreclosure. Joshua R. Dow V. Bank of New York Mellon Trust Co. 218-2011-CV-1297 10/18/2011 na www.mortgagedaily.com/LitigationTitle031712.asp
Chase National City Mortgage Co. U.S. Court of Appeals, Third Circuit na Plaintiff failed to notify junior lien holderabout impending foreclosure sale and had sale set aside, which was reversed. An appeals court vacated reversal. na na na na www.mortgagedaily.com/LitigationTitle100911.asp
Countrywide Home Loans Inc. Gomes U.S. Supreme Court  na Writ of certiorari was denied by Supreme Court Gomes v. Countrywide Home Loans Inc. D057005 na 11-Oct www.mortgagedaily.com/LitigationForeclosures110911.asp
Ducat and MERS Philip U.S. District Court for the Northern District of Georgia na Court found that MERS can hold the security deed as nominee for the lender and assign the security deed to a third party. Philip v. Ducat and MERS na na 12/13/2011 www.mortgagedaily.com/LitigationTitle122711.asp
Fannie Mae Smith U.S. District Court for the Northern District of Texas na Court rejected the plaintiffs’ arguments that challenged the validity of the MERS deed of trust assignment Smith v. Fannie Mae et al Case 3:11-cv-02032-F na 10/5/2011 www.mortgagedaily.com/LitigationTitle100911.asp
GINNIFER GEE U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ETC. District Court of Appeal of Florida, Fifth District na Plaintiff claimed that defendant lacked standing to bring the foreclosure action, and the summary judgment was entered on grounds that were not raised in the summary judgment motion. Appeals court reversed the summary judgment and remanded the case. GINNIFER GEE, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ETC., Appellee 5D10-1687 na 9/30/2011 www.mortgagedaily.com/LitigationForeclosures110911.asp
Goodrich Fannie Mae Oregon Circuit Court for Jackson County na Eviction action dismissed. Fannie Mae v. Goodrich na na 12/7/2011 www.mortgagedaily.com/LitigationForeclosures020312.asp
Homeowners Association for Matthew Valencia Security Bank, N.A. District Court of Appeal of Florida, Third District na Appeals court reversed motion to set aside foreclosure because it was filed too late. FNS4, LLC, Appellant, v. Security Bank, N.A., Appellee 3D10-2553 na 10/12/2011 www.mortgagedaily.com/LitigationForeclosures110911.asp
HSBC Bank USA  na New York State Supreme Court $10,000 Defendant was fined for “frivolous conduct” in trying to seize a home without proper paperwork. na na na na www.mortgagedaily.com/MctForeclosuresHsbcNy122811.asp
James M. Perry Fannie Mae Shelby Circuit Court, Court of Civil Appeals of Alabama na Appeals court found that Fannie failed to establish by admissible evidence that servicer was note holderand reversed decision. James M. Perry, v. Federal National Mortgage Association 2100235 na 12/30/2011 www.mortgagedaily.com/LitigationForeclosures020312.asp
LSI Title Company of Oregon LLC Donessa L. Horsewood U.S. District Court for the District of Oregon na Federal court affirmed validity of MERS as the beneficiary of the deed of trust and dismissed the plaintiff’s wrongful foreclosure complaint.  Donessa L. Horsewood, Plaintiff, v. LSI Title Company of Oregon, LLC, et al., Defendants 3:11-cv-00335-MO na 12/29/2011 www.mortgagedaily.com/LitigationTitle031712.asp
MERS State of Delaware na na Defendant said it was surprised by the lawsuit, and it cooperated in good faith with the Delaware attorney general’s office and complied with requests for information under a subpoena issued earlier this year. na na na na www.mortgagedaily.com/LitigationTitle122711.asp
MERSCORP Miller U.S. District Court for the District of Nevada na Court found that a deed of trust naming MERS as mortgagee is valid in Nevada. She found that the defendants followed proper non-judicial foreclosure procedures and determined that securitization of a loan does not invalidate the deed of trust or require a judicial foreclosure. Miller v. MERSCORP Inc. na na 12/5/2011 www.mortgagedaily.com/LitigationTitle122711.asp
Messner Bank of New York Trust Co. Michigan Supreme Court na Supreme court reversed the appeals court’s decision and confirmed MERS’ ability to perform non-judicial foreclosures by advertisement versus a court-supervised foreclosure Bank of New York Trust Co. v. Messner 143179 na na www.mortgagedaily.com/LitigationForeclosures122811.asp
Mortgage Electronic Registration Systems Inc Delaware Attorney General Beau Biden Delaware Chancery Court na Complaint filed alleging MERS not authorized to file foreclosures, doesn’t adequately maintain its database and wrongly uses the employees of its members to operate na na 10/27/2011 na www.mortgagedaily.com/LawsuitMers102711.asp
Mortgage Electronic Registration Systems Inc. multi U.S. District Court for the District of Arizona na Court dismissed with prejudice 72 cases against MERS in multi-district consolidated litigation that alleged various violations of Arizona, Nevada, Oregon and South Carolina laws IN RE Mortgage Electronic Registration Systems (MERS) Litigation 2:09-md-02119-JAT na na www.mortgagedaily.com/LitigationTitle100911.asp
Mortgage Electronic Registration Systems Inc. Sandra Graves Supreme Court of Virginia na Borrower’s petition for appeal rejected. Sandra Graves, Appellant, against Mortgage Electronic Registration Systems, Inc., Appellee. CL-2010-17101 na 12/20/2011 www.mortgagedaily.com/LitigationTitle031712.asp
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COMMONWEALTH PROPERTY ADVOCATES, LLC, U.S. Court of Appeals for the 10th Circuit, U.S. District Court for the District of Utah na MERS system affirmed. COMMONWEALTH PROPERTY ADVOCATES, LLC, Plaintiff-Appellant, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendant-Appellee 833759 na 12/23/2011 www.mortgagedaily.com/LitigationTitle031712.asp, www.mortgagedaily.com/LitigationForeclosures020312.asp
na Wells Fargo Bank, N.A. na na Wells missed certified letter from Allen County, Ind., indicating a notice of the right of redemption, prior to a tax deed issuance. Objection rejected. na na na na www.mortgagedaily.com/LitigationTitle122711.asp
Rodger and Lina Duke HSBC Mortgage Services Inc. District Court of Appeal of Florida, Fourth District na Summary judgment reversed because genuine issues of material fact remain in dispute about who the owner and holder of the note and mortgage was when the complaint was filed. Defendants argued that at the time the foreclosure complaint was filed, the mortgage was held by First NLC, not HSBC — which didn’t include proof it owned the loan with its complaint. RODGER and LINA DUKE, Appellants, v. HSBC MORTGAGE SERVICES, LLC, Appellee 4D09-5183 na 11/23/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
RUSCO COMPANY AMERICAN HOME MORTGAGE CORPORATION, and its assigns; AMERICAN HOME MORTGAGE SERVICING, INC., as Servicer for the Master Adjustable Rate Mortgages Trust 2007-1 U.S. Court of Appeals, Fifth Circuit $2,000,000 Previous decision reversed; ruled in favor of plaintiff. AMERICAN HOME MORTGAGE CORPORATION, and its assigns; AMERICAN HOME MORTGAGE SERVICING, INC., as Servicer for the Master Adjustable Rate Mortgages Trust 2007-1, Plaintiffs-Appellants, v. RUSCO COMPANY, Defendant-Appellee 10-11190 na na www.mortgagedaily.com/LitigationTitle100911.asp
Saxon Mortgage Inc. Vasquez Arizona Supreme Court na Court decided that mortgage lenders are not required to record an assignment before publishing a notice of trustee’s sale. Securitization trustee Deutsche Bank National Trust Co. moved for stay relief after Vasquez filed for bankruptcy protection, but Vasquez opposed the stay and argued that Deutsche was not the named beneficiary under the deed of trust when the trustee’s sale was initiated. Vasquez v. Saxon Mortgage Inc CV-11-0091-CQ na 11/18/2011 www.mortgagedaily.com/LitigationTitle122711.asp
Southern Security Federal Credit Union ABN AMRO Mortgage Group Inc. Court of Appeals of Tennessee, at Jackson $197,165 Appeals court affirmed trial court decision that ABN AMRO’s lien was superior despite an error with the lot number on the trust deed. ABN AMRO MORTGAGE GROUP INC. v. SOUTHERN SECURITY FEDERAL CREDIT UNION W2011-00693-COA-R3-CV na 11/17/2011 www.mortgagedaily.com/LitigationTitle122711.asp
U.S. Bank, N.A., as trustee of Mastr Adjustable Rate Mortgages Trust 2007-3 Julia Feltus District Court of Appeal of Florida, Second District na Appeals court ruled in favor of plaintiff. Plaintiff successfully argued that it wasn’t clear which entity held the promissory note at the time the summary judgment was entered. na na na na www.mortgagedaily.com/LitigationTitle122711.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 na 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

 

 

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