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Mortgage Servicing Lawsuits Third Quarter 2008 Mortgage Litigation Report

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Link to Story
Countrywide Home Loans, Inc. Chapter 13 Trustee, Ronda J. Winnecour U.S. Bankruptcy Court for the Western District of Pennsylvania $325,000 Countrywide has settled with a chapter 13 bankruptcy trustee over allegations that it overcharged some borrowers as a result of delayed payment processing. In re Consolidated Proceedings Misc. No. 07-00203 October 2007 www.mortgagedaily.com/CountrywideTrusteeSettlement071808.asp
Fremont Investment & Loan, Fremont General Corporation, Litton Loan Servicing LP Kenter E. Lacet U.S. District Court for the District of Massachusetts; Suffolk Superior Court na A Massachusetts borrower claims that although he had insurance on his property, his servicer tacked on its own policy then proceeded to foreclose on him when he didn’t pay the premium. The servicer is accused of compliance violations and attempting to extract endless fees and equity. Lacet v. Fremont Investment & Loan, et al. 1:08-cv-11611 (D. Mass.); 08-4090-H (Suffolk Sup.) na www.mortgagedaily.com/LawsuitLitton092608.asp
Washington Mutual Bank and Harmon Law Offices, P.C. Lori and Mark Pestana Massachusetts Superior Court for the County of Suffolk na In a class-action lawsuit alleging bad faith foreclosure tactics, borrowers Lori and Mark Pestana sued WaMu for negligent misrepresentation. The borrowers also brought individual claims, including wrongful foreclosure, against the thrift and its foreclosure law firm. Lori and Mark Pestana v. Washington Mutual Bank and Harmon Law Offices, P.C. No. 08-3393 July 29, 2008 www.mortgagedaily.com/WbskLawsuitWamu082108.asp

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