|
Defendant
|
Plaintiff
|
Court
|
Amount
|
Overview
|
Case Title |
Case Number
|
Date Filed |
Link to Story |
| Alberto G. Sosa |
PHH Mortgage Corp., doing business as PHH Mortgage Service Center |
U.S. Bankruptcty Court Rhode Island |
na |
Rhode Island judge overruled creditors objections to mandatory loss mitigation program. |
In re Alberto G. SOSA, Debtor. |
No. 10-11702, 443 B.R. 263 (2011) |
na |
www.mortgagedaily.com/MctBankruptcyRI013111.asp |
| Ally Bank, NA, GMAC, NA, Western National Appraisals, California Reconveyance Co., and Casas & Hipotecas |
James W. Locker, individually and on behalf of all others similarly situated |
Superior Court of the State of California, County of Los Angeles |
n/a |
The class alleges that they were deceived into entering into mortgages and that MERS is illegal. |
Locker v. Ally Bank, NA et al. |
BC409444 |
Dec-10 |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp |
| Antonio Ibanez |
U.S. Bank, NA |
Massachusetts Supreme Court |
n/a |
U.S. Bank did not record a mortgage assignment until over a year after initiating the foreclosure process. Ibanez argued that U.S. Bank had no standing to foreclose because it lacked any evidence of ownership of the mortgage at the start of the foreclosure. The court held that assigning a mortgage “in blank”, i.e. without specifying to whom the mortgage would be assigned until after the fact, is not a proper assignment. |
U.S. Bank, NA v. Ibanez |
10694 |
n/a |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp www.mortgagedaily.com/ForeclosuresJudicial030711.asp |
| Aurora Loan Services, Inc. |
Andrew Weiss-Malik |
United States District Court for the District of Utah |
n/a |
Plaintiff, a vice president for the Texas-based wholesaler 360 Mortgage Group LLC, claims that Aurora violated the Real Estate Settlement Protection Act and the Truth in Lending Act by allegedly overcharging him $20,000 on his adjustable-rate mortgage. |
Weiss-Malik v. Aurora Loan Services, Inc. |
2:2010cv01058 |
10/25/2010 |
www.mortgagedaily.com/LitigationModifications033111.asp |
| BAC Home Loans Servicing, LP and Federal National Mortgage Association |
Patricia Garcia |
United States District Court for the Southern District of Texas |
n/a |
Plaintiff alleges that the defendants wrongfully foreclosed on her homestead before evaluating her HAMP eligibility. |
Garcia v. BAC Home Loan Servicing, LP et al. |
6:2011cv00013 |
3/18/2011 |
www.mortgagedaily.com/MctLawsuitForeclosureBoa032311.asp |
| Bank of America Home Loan Servicing, Bank of America, NA, U.S. Bank |
Richard and Mary Hlavsa, individually and on behalf of all others similarly situated |
Cuyahoga County Court of Common Pleas, Ohio |
n/a |
Plaintiffs, who are seeking class action certification, claim that the defendants did not give them permanent loan modifications under the HAMP program, even though they provided all of the required documentation and entered into agreements with the defendants to participate in HAMP. |
Hlavsa v. Bank of America Home Loan Servicing, et al. |
n/a |
2/7/2011 |
www.mortgagedaily.com/LitigationModifications033111.asp |
| Bank of America, NA |
Teresa O’Neal and Marco Delgado, individually and on behalf of all others similarly situated |
United States District Court for the Middle District of Florida |
n/a |
The class alleges that plaintiffs were improperly foreclosed out of homes that are currently owned by BoA. Plaintiffs seek to have their rights in their homes restored. |
O’Neal v. Bank of America, NA |
8:2011cv000107 |
1/18/2011 |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp |
| Bank of America, NA |
July Canada |
court located in Marion County, Ind. |
n/a |
Plaintiff filed suit over an alleged wrongful foreclosure |
n/a |
n/a |
3/17/2011 |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp |
| Barclays Capital Real Estate Inc. |
State of Ohio |
Court of Common Pleas (Dayton), Montgomery County, Ohio |
$25,000 per violation |
The Ohio AG sued HomeEq, Barclay’s servicing arm, for allegedly forcing homeowners into one-sided agreements releasing the company from liability in exchange for the opportunity to keep their homes, in violation of state consumer protection laws. |
Ohio v. Barclays Capital Real Estate, Inc. |
09-10136 |
n/a |
www.mortgagedaily.com/LitigationServicing032511.asp |
| Chase Home Finance LLC |
Jonathan Rowles, individually and on behalf of all others similarly situated |
United States District Court for the District of South Carolina |
$2,000,000 |
Chase settled with military homeowners after allegedly overcharging them on their mortgages and illegally foreclosing on their homes in violation of the SCRA. Plaintiffs brought this class action against Chase Home Finance, LLC based on alleged violations of the Servicemembers Civil Relief Act. Chase allegedly failed to make the effective date of interest rate reductions the first day of the plaintiffs’ active duty status and continually required verification of active duty status. |
Rowles v. Chase Home Fin., LLC |
9:10-cv-01756-MBS |
7/6/2010 |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp, www.mortgagedaily.com/LawsuitsJPMorgan030111.asp www.mortgagedaily.com/MctChaseMilitary011811.asp |
| Chase Home Finance, Inc. Countrywide Home Loans, Inc., Fifth Third Bank, GMAC Mortgage Corp., Provident Funding Associates, L.P., Saxon Mortgage, Inc., Sovereign Bancorp, Inc., Suntrust Bank, Wachovia Bank, N.A., and Wells Fargo Home Mortgage |
Lynn E. Feldman, as Chapter 7 Trustee of the Estate of Image Masters, Inc. et al. |
U.S. Bankruptcy Court for the Eastern District of Pennsylvania |
$20,000,000 |
Provident Funding Associates, LP was among the defendants in the March 2009 bankruptcy case involving Image Masters, Inc. The trustee sought the return of more than $20 million in payments collected by the defendants during the past 4 years. |
In re: Image Masters, Inc. et al. |
Main Case No. 07-21587REF; Adversary No. 09-2092 |
Mar-09 |
www.mortgagedaily.com/ProvidentIpo030911.asp |
| Chase Home Finance, LLC |
Jonathan Rowles, individually and on behalf of all others similarly situated |
U.S. District Court for the District of South Carolina |
n/a |
Plaintiffs brought this class action against Chase Home Finance, LLC based on alleged violations of the Servicemembers Civil Relief Act. Chase allegedly failed to make the effective date of interest rate reductions the first day of the plaintiffs’ active duty status and continually required verification of active duty status. |
Rowles v. Chase Home Finance, LLC |
9:10-cv-01756-MBS |
7/6/2010 |
www.mortgagedaily.com/LawsuitsJPMorgan030111.asp www.mortgagedaily.com/MctChaseMilitary011811.asp |
| Citibank, Bank of America, Ally Financial Inc., OneWest Bank, (6 total) |
n/a |
Superior Court of New Jersey, Chancery Division-General Equity Part, Mercer County |
n/a |
The New Jersey state court has asked six of the nation’s biggest lenders to explain why the court should not issue an order suspending all their foreclosures in the state on account of suspected irregularities in documents relevant to the case and the filings in support of foreclosure. |
In the Matter of Residential Mortgage Foreclosure Pleading and Document Irregularities |
Docket No. F-59553-10 |
12/20/2010 |
www.mortgagedaily.com/LitigationForeclosures011711.asp www.mortgagedaily.com/MctForeclosuresNj011111.asp |
| CitiMortgage Inc. |
Teri Rounds, individually and on behalf of all others similarly situated |
Filed in the Superior Court for the State of California, removed to the United States District Court for the Central District of California |
$2,000,000 |
Settlement in class action alleging that Citi charged excessive premiums on its forced-placed insurance premiums on California properties, in violation of California’s Unfair Competition Law. |
Rounds v. CitiMortgage, Inc. |
2:2008cv02451 |
4/14/2008 |
www.mortgagedaily.com/LitigationServicing032511.asp |
| Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. and ReconTrust Company NA |
Jose Gomes |
California Court of Appeals for the Fourth Appellate District, San Diego |
$331,000 |
The court ruled that MERS can foreclose on a loan as the nominee, or agent, of the noteholder. The plaintiff argued that MERS did not have the authority to initiate foreclosures in California because the current owner of his note had not authorized MERS to proceed with the action after Gomes defaulted. |
Gomes v. Countrywide Home Loans Inc. et al. |
D057005 |
5/1/2009 |
www.mortgagedaily.com/LawsuitWells032411.asp www.mortgagedaily.com/ForeclosuresJudicial030711.asp |
| Deutsche Bank Trust Co. Americas, Saxon Mortgage Services, Inc., David C. Lohr and Orleans Associates, PC |
James B. and Brandi Hurley |
United States District Court for the Western District of Michigan |
n/a |
The plaintiff, a military veteran deployed to Iraq in 2004 and 2005, lost his home to foreclosure while serving abroad. He brought suit under the Servicemembers Civil Relief Act, and the judge agreed that his lender had illegally foreclosed on his home. |
Hurley v. Deutsche Bank Trust Co. Ams. et al. |
1:08-CV-361 |
4/17/2008 |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp |
| E. and Bridget L. Lawton |
Ocwen Loan Serving LLC as servicer of Deutsche Bank National Trust Co. |
U.S. Bankruptcty Court Rhode Island |
na |
Rhode Island judge overruled creditors objections to mandatory loss mitigation program. |
In Re. Lawton |
na |
n |
www.mortgagedaily.com/MctBankruptcyRI013111.asp |
| EMC Mortgage Corp., Bear Sterns Co. LLC and JPMorgan Chase Bank, NA |
Basilisa Pacheco, individually and on behalf of all others similarly situated |
United States District Court for the Eastern District of Washington |
n/a |
The class alleges that EMC engaged in bad faith as to home mortgage loan modification negotiations, led mortgagors to reasonably believe and rely on its representations that they would permanently modify their mortgage loans upon successful completion of HAMP agreements, and charged unreasonable fees. |
Pacheco v. EMC Mortgage Corp. et al. |
11-CV-3002-RHW |
1/10/2011 |
www.mortgagedaily.com/LitigationServicing032511.asp |
| Federal National Mortgage Association |
Sandra Maiden |
Court of Civil Appeals of Alabama |
n/a |
The appellate court reversed the trial court’s denial of the plaintiff’s motion to set aside the defendant’s default judgment. |
Maiden v. Fed’l Nat’l Mort. Assoc. |
2090942 |
n/a |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp |
| Ferrel L. Agard |
na |
United States Bankruptcy Court for the Eastern District of New York |
n/a |
The court called into question the legality of the assignment and recordation practices of MERS. |
In re Ferrel L. Agard |
810-77338-reg |
11/20/2010 |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp www.mortgagedaily.com/ForeclosuresJudicial030711.asp |
| Fetuu Topoufutuna, Hilltop Mortgage, Alliance Title Co., GMAC Financial Services, Mortgage Electronic Registration Systems, Inc., Paul Financial, et al. |
Pauline Reade |
Superior Court of the State of California, San Mateo County |
$420,000 |
An 89 year old widow was allegedly deceived by a handyman into signing an application for a home equity loan in favor of the handyman, and settled with the defendants. The defendants lifted the lien on her home and she does not have to pay back the $420,000 loaned against her house. |
Reade v. Fetuu Topoufutuna et al. |
483083 |
11/28/2010 |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp |
| First Security Bank of Clarksville |
Chase Manhattan Mortgage Corp. |
Court of Appeals of Arkansas, Division II |
n/a |
Two competing mortgage holders fought over whether to pursue foreclosure. The appellate court reversed the trial court’s award of attorney’s fees against Chase, which opposed foreclosure. |
Chase Manhattan Mort. Corp. v. First Security Bank of Clarksville |
CA 10-887 |
3/16/2010 |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp |
| Giannis |
Bank of New York |
New Jersey Superior Court |
n/a |
This case is likely to go to the N.J. Supreme Court on the issue of whether a mortgagee must clearly show ownership of a mortgage before foreclosing upon the same. |
Bank of New York v. Giannis |
n/a |
n/a |
www.mortgagedaily.com/LawsuitMaForeclosures010711.asp |
| GMAC Mortgage, LLC, Paul Martino, Sophia Phendy-Sunny, Samantha Albranski and Jasmine Khun |
Samuel Smith |
U.S. District Court for the Eastern District of California |
n/a |
Samuel Smith sued GMAC Mortgage, LLC claiming that, upon the transfer of his residential mortgage loan, the terms and payments had been changed from the original agreement and, thus, he was entitled to rescission of the loan. The trial court dismissed the case. |
Smith v. GMAC Mortgage, LLC, et al. |
2:2010cv03131 |
11/19/2010 |
www.mortgagedaily.com/LawsuitsCompliance030311.asp |
| Janett Alvarado |
Bank of America |
Superior Court of New Jersey Chancery, Bergen County |
n/a |
“Bank of America Corp. sought to foreclose on the home of Janett Alvarado, but the note and mortgage had been lost by Washington Mutual Bank before the loan obligation was transferred to Bank of America. The court held that Bank of America could enforce the note and foreclose. |
Bank of America v. Alvarado |
BER-F-47941-08 |
n/a |
www.mortgagedaily.com/ForeclosuresJudicial030711.asp |
| Joseph Yorkus & James Bartczak |
Nevada Attorney General |
n/a |
n/a |
Mortgage scam inducing borrowers to begin making mortgage payments to Great Western Business Services instead of Bank of America by falsely informing borrowers that their mortgages had been transferred to GWBS, controlled by the two defendants. |
n/a |
n/a |
3/4/2011 |
www.mortgagedaily.com/litigationcriminal022111.asp |
| JPMorgan Chase Bank, NA |
Celeste Butler |
Superior Court of Oregon, King County |
n/a |
Plaintiff alleges that Chase’s contractors ransacked her father’s home and took 17th century art while he was deathly ill at the hospital. Chase argues that the home loan was delinquent. |
Butler v. JPMorgan Chase Bank, NA |
n/a |
n/a |
www.mortgagedaily.com/LitigationServicing032511.asp |
| Larace |
Wells Fargo Bank |
Massachusetts Supreme Court |
n/a |
The court upheld a lower-court judge’s decision to declare two foreclosures invalid because they failed to follow proper legal procedure in the mortgage transfer and securitization process. |
Wells Fargo Bank v. Larace |
08 MISC 386755 (KCL) |
10/17/2008 |
www.mortgagedaily.com/LawsuitMaForeclosures010711.asp |
| LaSalle Bank, N.A., Cenlar Federal Savings Bank FSB Fein, Such, Kahn and Shepard, PC, John Doe Servicers 1-100, and John Doe Law Firms 1-100 |
Dorothy Rhue Allen, through her attorney in fact, James Martin, Individually and as a class representative on behalf of others similarly situated |
United States Court of Appeals, Third Circuit |
n/a |
Allen requested the payoff on her loan from LaSalle and was sent a letter with a payoff quote that included the principal balance, servicer charges, and attorney fees. Cenlar, the servicer on this loan, sent a second letter to Allen itemizing the attorney fees and costs. Three weeks later, Allen filed a counterclaim and third-party complaint in the foreclosure action claiming that the letter from Cenlar’s attorney violated the Federal Debt Collection Practices Act and state law — leading Cenlar to dismiss the foreclosure in the New Jersey Superior Court. Allen later filed a class action over excessive costs associated with the foreclosure. |
Allen v. LaSalle Bank, NA et al. |
09-1466 |
7/27/2007 |
www.mortgagedaily.com/LitigationServicing032511.asp |
| Linda Sadr |
Department of Justice |
United States District Court for the Eastern District of Virginia |
$10,000,000 |
Indictment of woman running “mortgage elimination” service. Told customers that lenders acted illegally, and that woman’s business would represent customers in filing legal challenges, with proceeds of settlements going toward the balance of the mortgage. |
United States v. Sadr |
n/a |
12/23/2010 |
www.mortgagedaily.com/litigationcriminal022111.asp |
| Mortgage Electronic Registration Systems Inc. |
Nancy G. Jimenez |
California Court of Appeals for the Fourth Appellate District, Division One |
n/a |
The plaintiff argued that MERS could not foreclose on her loan, but the Court of Appeals held otherwise. |
Jimenez v. Mortgage Electronic Registration Systems, Inc. et al. |
D056325 |
3/9/2011 |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp |
| Mortgage Electronic Registration Systems, Inc. and Countrywide Home Loans, Inc. |
David Michael Martinez and Michelle Christine Martinez |
U.S. Bankruptcy Court for the District of Kansas |
n/a |
In this case, the court held that MERS has the authority to assign a mortgage as an agent for the servicer. |
In re: David Michael Martinez et al. v. Mortgage Electronic Registration Systems, Inc. et al. |
09-40886 |
n/a |
www.mortgagedaily.com/ForeclosuresJudicial030711.asp |
| na |
GMAC |
Court in Butler Couty, Ohio |
na |
Judge issued order denying GMAC’s motion to ratify a judgment because “neither the Ohio Civil Rules nor the local rules of this court provide a procedure for or authorize a court to ‘ratify’ a final appeal-able order” and stating that “the proper course of action would be for GMAC to first file a motion to set aside its judgment and then, once the court grants that motion, to re-file its motion for summary judgment with a correctly executed affidavit in support.” |
na |
na |
na |
www.mortgagedaily.com/LitigationForeclosures011711.asp |
| Phillip and Viva Evans |
Chase Home Finance LLC, U.S. Bank N.A. |
Circuit Court of the Fifth Judicial District, Marion County, Florida |
n/a |
The appellate court affirmed the trial court’s judgment that U.S. Bank had not proved that it was the owner of the mortgage note at the time of trial, which was bolstered by U.S. Bank’s affidavit acknowledging that the original promissory note was missing and could not be located. |
Chase Home Fin., LLC v. Evans |
08-4436-CA-G |
n/a |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp |
| Provident Funding Associates, LP and Provident Funding Group, Inc. |
Daniel C. Silva, Larry Mattison, individually and on behalf of all others similarly situated |
Superior Court of the State of California, County of San Mateo |
$1,200,000 |
Provident Funding Associates, LP and Provident Funding Group, Inc. were sued in this class-action over late charges they were assessing. A $1.2 million settlement has been proposed. |
Silva et al. v. Provident Funding Associates, LP et al. |
CIV 443418 |
n/a |
www.mortgagedaily.com/ProvidentIpo030911.asp |
| Provident Funding Associates, LP, Preferred Mortgage, Mortgage Electronic Registration Systems, Inc. and Max Default Services, Corporation |
Anilech Sharma, Parma Sharma |
United States District Court for the Northern District of California |
n/a |
The federal court recently blocked Provident Funding Associates, LP from foreclosing on a property because no one contacted the borrowers to discuss payment options or explore their financial situation, as required by state law. |
Sharma et al. v. Provident Funding Associates, LP et al. |
3:2009cv05968 |
12/12/2009 |
www.mortgagedaily.com/ProvidentIpo030911.asp www.mortgagedaily.com/LitigationForeclosures011711.asp |
| ReconTrust Co., NA, Bank of America, Mortgage Electronic Registration Systems and Countrywide Home Loans |
Jeremy Coleman, individually and on behalf of all others similarly situated |
United States District Court for the District of Utah |
n/a |
Judge Tena Campbell recused herself from the case. |
Coleman et al. v. Recontrust Co. et al. |
2:10-cv-01099-DAK |
11/5/2010 |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp |
| Roman Pino |
Bank of New York Mellon |
Dist. Court of Appeal of the State of Florida- 4th Dist. |
$162,400 |
Appellate Court asks state Supreme Court to review case involving foreclosure defendant challenging foreclosure based on improper documentation. |
Pino v. Bank of New York Mellon |
No. 4D10-378 |
2-Feb-11 |
www.mortgagedaily.com/mctlawsuitforeclosurefl020311.asp |
| Sandra A. Ford |
Wells Fargo Bank, N.A. |
Superior Court of New Jersey- Appellate Division |
n/a |
Court held that trustee of securitization trust did not have standing to bring foreclosure action based on poor documentation of assignment of note. |
Wells Fargo Bank, N.A. v. Ford |
A-3627-06 |
1/28/2011 |
www.mortgagedaily.com/dpforeclosurenj020311 |
| Scott P. and Shelley P. Mattfeld |
PHH Mortgage Corp. |
Court of Appeals of Wisconsin, District II |
n/a |
PHH Mortgage Corp.’s default judgment against the Mattfelds was set aside by the appellate court because of procedural defects in the service of process. |
PHH Mort. Corp. v. Mattfeld |
2010AP612 |
n/a |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp |
| Silar Advisors, LP and William A. Leonard |
USA Commercial Mortgage Co. |
United States Court of Appeals for the Ninth Circuit |
n/a |
USA Commercial Mortgage Co. filed a voluntary Chapter 11 bankruptcy petition. The hard-money commercial mortgage lender serviced 60 loans for $485 billion, and Compass Partners LLC’s bid won it the servicing rights. Investors in the loans sued Compass in federal court, seeking to terminate the company as the servicer. |
In re: USA Commercial Mortgage Company |
09-15632 |
7/5/2007 |
www.mortgagedaily.com/LitigationServicing032511.asp |
| Suzanne North |
BAC Home Loan Servicing, LP, Bank of America Corporation, PRLAP Inc. and ReconTrust Company |
Fifth Judicial District, Nevada, Nye County, removed to U.S. District Court, for the District of Nevada, Los Vegas |
n/a |
ReconTrust, a Bank of America subsidiary, was ordered to stop non-judicial foreclosures on January 20, 2011, until a hearing on February 28, 2011, because the subsidiary is not properly licensed in the state. The lawsuit was removed by defendants to federal court in Las Vegas. The district court judge dissolved the temporary restraining order and injunction on January 20, 2011. |
North v. Bank of America Corp. et al. |
CV31506 |
1/11/2011 |
www.mortgagedaily.com/MctForeclosureBoa012611.asp |
| Vanderbilt Mortgage and Finance, Inc. |
Cesar Flores and Alvin King |
United States District Court for the Southern District of Texas |
$559,000 |
Plaintiffs alleged that the defendant was liable for civil racketeering after it released a lien that was filed with the county clerk without plaintiffs’ knowledge. The jury agreed with the plaintiffs, and the judge confirmed the verdict. |
Vanderbilt Mortgage and Fin., Inc. v. Flores |
2:09-cv-00312 |
11/17/2009 |
www.mortgagedaily.com/LitigationServicing032511.asp |
| Victor Cedeno |
United States |
U.S. District Court for the Middle District of Florida |
$1,300,000 |
Defendant was sentenced on Jan. 5 to five years in prison for her involvement in a short-sale scheme. Defendant was ordered to pay $1.3 million in restitution. |
United States v. Cedeno |
n/a |
n/a |
www.mortgagedaily.com/litigationcriminal022111.asp |
| Washington Mutual Bank, F.A. et al. |
Kwaku Atta Poku |
U.S. District Court for the District of Maryland |
$34,000,000 |
Borrower may proceed in lawsuit against lender who provided faulty refinancing which failed to stop foreclosure |
Poku v. Washington Mutual Bank, F.A. |
1:2008cv01198 |
n/a |
www.mortgagedaily.com/mctforeclosuremd020111.asp |
| Wells Fargo Bank, NA |
Gustavo Reyes, individually and on behalf of all others similarly situated |
United States District Court for the Northern District of California |
n/a |
Plaintiff filed this class action lawsuit claiming that Wells Fargo extracted payments from borrowers in default on their mortgage by falsely promising them the opportunity to retain their homes through an allegedly illusory forbearance-to-modification program. |
Reyes v. Wells Fargo Bank, NA |
C-10-01667-JCS |
4/19/2010 |
www.mortgagedaily.com/LitigationModifications033111.asp |
| Wells Fargo Bank, NA |
Patrick Rodgers |
Philadelphia Municipal Court |
$1,000 |
Rodgers was told by the defendant that he had to quadruple his homeowner’s insurance coverage. He sued Wells Fargo under the Real Estate Settlement Procedures Act in municipal court. When the defendant did not appear, he obtained a default judgment and a sheriff’s levy on the contents of a bank branch. The parties later settled. |
Rodgers v. Wells Fargo Bank, NA |
n/a |
n/a |
www.mortgagedaily.com/LitigationServicing032511.asp |
| Wilmington O. Charles, Jr., Lloyd A. & Marsha G. Freedman Living Trust, Arkansas Department of Finance & Administration, Gary Moran and Arkansas Federal Credit Union |
Chase Home Finance, LLC |
Court of Appeals of Arkansas, Division III |
n/a |
Chase Home Finance, LLC successfully appealed a foreclosure decree that granted a second lien holder relief in excess of the total amount of its lien in a foreclosure proceeding. Although the court entered a default judgment against Chase, who held a first lien, the court agreed that “a judgment by default should not be different in kind from or exceed in amount that prayed for in the demand for judgment.” |
Chase Home Finance, LLC v. Chares et al. |
CA 10-367 |
12/8/2010 |
www.mortgagedaily.com/LitigationForeclosures011711.asp |
| Zane G. Haecherl |
Wells Fargo Bank, NA |
District Court of Appeal of Florida, Fourth District |
n/a |
The appellate court reversed the trial court’s denial of a motion to vacate amended notice of a voluntary dismissal with prejudice. |
Wells Fargo Bank, NA v. Haecherl |
4D09-4569 |
3/16/2011 |
www.mortgagedaily.com/LawsuitsForeclosures032411.asp |
