|
Defendant
|
Plaintiff
|
Court
|
Amount
|
Overview
|
Case Title
|
Case Number
|
Date Filed |
Date of Activity |
Link to Story |
| JP Morgan Chase Bank, N.A. |
Dawn and Reginald Savoie |
Jefferson County District Court |
$118,638 |
Allege the bank continually raised the principal amount owed. |
na |
D193-816 |
1/11/2013 |
1/23/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Julia DiNova, JPMC SPECIALITY MORTGAGE LLC |
Trustco Bank |
Appellate Division of the Supreme Court of New York, Third Department |
$150,000 |
Appeals court reversed trial court’s decision in favor of plaintiff. |
Trustco Bank, Respondent, v. Julia DiNova, Respondent, and JPMC Specialty Mortgage LLC, Appellant |
515320; 104 A.D.3d 1117 |
Sep. 2009 |
3/28/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Green Tree Servicing LLC |
Regenald Simmons and Lisa Simmons |
Court of Appeals of Mississippi, Panola County Circuit Court, U.S. Bankruptcy Court for the Northern District of Mississippi |
$30,000 |
Reversed Circuit Court’s denial of defendant’s motion to compel and remanded case. |
Green Tree Servicing LLC, Appellant, v. Regenald Simmons and Lisa Simmons, Appellees |
2010-CA-01844-COA |
2004 |
2/26/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Bank of America |
Arvest Bank |
Court of Appeals of Arkansas, Division I |
na |
Summary Judgment in favor of Defendant affirmed. |
Arvest Bank, Appellant, v. Bank of America, N.A, Appellee |
CA12-612 |
5/15/2011 |
2/20/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| na |
Residential Capital LLC |
U.S. Bankruptcy Court for the Southern District of New York |
na |
Walter Investment Management completes acquisition of MSRs on $44 billion in loans. Notice of presentment of stipulation and order between the debtors and Ocwen filed on Feb. 14. |
In. re. Residential Capital LLC |
12-12020 |
5/14/2012 |
2/1/2013 |
www.mortgagedaily.com/WalterServicing020113.asp,
www.mortgagedaily.com/LitigationBkCorp021813.asp |
| Home Federal Sav. Bank |
MICHAEL TRETTIN, MAREN TRETTIN, BRYCE J. CHRISTENSEN, KRISTA A. POLKING-CHRISTENSEN, WELLS FARGO BANK, N.A., VERIDIAN CREDIT UNION |
Court of Appeals of Iowa |
$1,411,286 |
Judgment in favor of defendants reversed and remanded. |
HOME FEDERAL SAVINGS BANK, Plaintiff-Appellant, v. MICHAEL TRETTIN, MAREN TRETTIN, BRYCE J. CHRISTENSEN, KRISTA A. POLKING-CHRISTENSEN, WELLS FARGO BANK, N.A. and VERIDIAN CREDIT UNION, Defendants-Appellees |
828 N.W.2d 325 (2013), No. 2-767/11-1917 |
na |
1/9/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| RBS Mortgage, LLC |
Ramiro Gonzalez Jr. |
Court of Appeals of Texas, Fourth District, San Antonio |
|
Appeals Court affirmed Trial Court’s judgment that defendant did not have right to foreclose. |
RBS Mortgage, LLC, Appellant,
v.
Ramiro Gonzalez Jr., Appellee |
04-11-00681-CV |
na |
2/27/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Citigroup Inc.; Citibank, N.A.; CitiMortgage Inc.; MidFirst Bank, N.A.; Firstinsure Inc. |
Gordon Casey, Duane Skinner |
U.S. District Court for the Northern District of New York |
na |
Ruled that all of the plaintiffs’ claims may proceed in a nationwide class action alleging that Citibank and MidFirst Bank improperly force-place high-premium flood insurance policies on homeowners across the United States. |
GORDON CASEY and DUANE SKINNER, individually and on behalf of all others similarly situated, Plaintiffs, -v- CITIBANK, N.A.; CITIMORTGAGE, INC.; MIDFIRST BANK, N.A., doing business as Midland Mortgage; FIRSTINSURE, INC.;
and CITIGROUP, INC. Defendants |
5:12-CV-820 |
5/7/2012 |
1/2/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Mike L. ROBERTSON Sr. |
UTAH COMMUNITY CREDIT UNION |
Court of Appeals of Utah |
na |
Judgment in favor of plaintiff reversed on appeal. |
UTAH COMMUNITY CREDIT UNION, Plaintiff and Appellee, v. Mike L. ROBERTSON Sr., Defendant and Appellant |
20110969-CA; 298 P.3d 1283 (2013); 2013 UT App 66 |
na |
3/14/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Terry Major |
Citibank, N.A. |
Court of Appeals of Arizona, Division One, Department C |
na |
Appellate court vacated order resulting in award of attorney’s fees, but affirmed trial court’s summary judgment in favor of the Plaintiff. |
Citibank, N.A., Plaintiff/Appellee, v. Terry Major, Defendant/Appellant |
1 CA-CV 11-0787 |
na |
3/19/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Deutsche Bank Trust Company Americas as Trustee for Ralie 2005 QA12 |
Linda M. Bailey |
U. S. District Court for the Middle District of Georgia, Athens Division |
na |
Plaintiff’s motion to proceed In Forma Pauperis granted. Plaintiff’s claims arising from July 2009 foreclosure sale barred by res judicata and dismissed with prejudice. Plaintiff’s claim for injunctive relief dismissed. |
Bailey v. Deutsche Bank Trust Company Americas |
3:13-cv-00001-CAR |
na |
3/5/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| HSBC Bank USA, N.A. |
Jodi B. Matt |
Supreme Judicial Court of Massachusetts, Suffolk |
na |
Judgment for entry and sale vacated and matter remanded to the Land Court for further proceedings consistent with opinion. |
HSBC Bank USA, N.A., trustee, v. Jodi B. Matt |
SJC-11101, 464 Mass. 193 (2013) |
na |
1/14/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Jodi B. Matt |
HSBC Bank USA, N.A. |
Supreme Judicial Court of Massachusetts, Suffolk |
na |
Judgment in favor of plaintiff overturned on appeal. |
HSBC BANK USA, N.A. v. MATT |
SJC-11101 |
na |
1/14/2013 |
www.mortgagedaily.com/TitleInsuranceLawsuits1q2013.asp |
| JPMorgan Chase Bank, N.A., as Receiver, etc. |
Genevieve West |
Court of Appeals of California, Fourth District, Division Three |
|
Judgment affirmed as to causes of action for conversion, to set aside or vacate void trustee sale, for slander of title, and to quiet title. In all other respects, judgment reversed and the matter remanded. |
Genevieve West, Plaintiff and Appellant, v. JPMorgan Chase Bank, N.A., as Receiver, etc., Defendant and Respondent |
G046516 |
na |
3/18/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Aurora |
Office of the Comptroller of the Currency, Federal Reserve |
na |
$8,500,000,000 |
Settlement reached to resolve foreclosure reviews required from consent orders. Total for all 10 servicers. |
na |
na |
na |
1/16/2013 |
www.mortgagedaily.com/ServicerSettlement010713.asp |
| Bank of America |
Office of the Comptroller of the Currency, Federal Reserve |
na |
total of $8,500,000,000 for all servicer |
Settlement reached to resolve foreclosure reviews required from consent orders. |
na |
na |
na |
1/16/2013 |
www.mortgagedaily.com/ServicerSettlement010713.asp |
| Citibank |
Office of the Comptroller of the Currency, Federal Reserve |
na |
total of $8,500,000,000 for all servicer |
Settlement reached to resolve foreclosure reviews required from consent orders. |
na |
na |
na |
1/16/2013 |
www.mortgagedaily.com/ServicerSettlement010713.asp |
| GMAC Mortgage |
Office of the Comptroller of the Currency, Federal Reserve |
na |
$8,500,000,000 |
Settlement reached to resolve foreclosure reviews required from consent orders. Total for all 10 servicers. |
na |
na |
na |
1/16/2013 |
www.mortgagedaily.com/ServicerSettlement010713.asp |
| Goldman Sachs |
Office of the Comptroller of the Currency, Federal Reserve |
na |
$557,000,000 (total with Morgan Stanley) |
Settlement reached to resolve foreclosure reviews required from consent orders. |
na |
na |
na |
1/16/2013 |
www.mortgagedaily.com/ServicerSettlement011613.asp |
| HSBC |
Office of the Comptroller of the Currency, Federal Reserve |
na |
$249,000,000 |
Settlement reached to resolve foreclosure reviews required from consent orders. |
na |
na |
na |
1/19/2013 |
www.mortgagedaily.com/ServicerSettlementHsbc011913.asp |
| JPMorgan Chase |
Office of the Comptroller of the Currency, Federal Reserve |
na |
total of $8,500,000,000 for all servicer |
Settlement reached to resolve foreclosure reviews required from consent orders. |
na |
na |
na |
1/16/2013 |
www.mortgagedaily.com/ServicerSettlement010713.asp |
| MetLife Bank |
Office of the Comptroller of the Currency, Federal Reserve |
na |
total of $8,500,000,000 for all servicer |
Settlement reached to resolve foreclosure reviews required from consent orders. |
na |
na |
na |
1/16/2013 |
www.mortgagedaily.com/ServicerSettlement010713.asp |
| Morgan Stanley |
Office of the Comptroller of the Currency, Federal Reserve |
na |
$557,000,000 |
Settlement reached to resolve foreclosure reviews required from consent orders. (total includes Goldman Sachs) |
na |
na |
na |
1/16/2013 |
www.mortgagedaily.com/ServicerSettlement011613.asp |
| PNC |
Office of the Comptroller of the Currency, Federal Reserve |
na |
total of $8,500,000,000 for all servicer |
Settlement reached to resolve foreclosure reviews required from consent orders. |
na |
na |
na |
1/16/2013 |
www.mortgagedaily.com/ServicerSettlement010713.asp |
| Sovereign |
Office of the Comptroller of the Currency, Federal Reserve |
na |
total of $8,500,000,000 for all servicer |
Settlement reached to resolve foreclosure reviews required from consent orders. |
na |
na |
na |
1/16/2013 |
www.mortgagedaily.com/ServicerSettlement010713.asp |
| SunTrust |
Office of the Comptroller of the Currency, Federal Reserve |
na |
total of $8,500,000,000 for all servicer |
Settlement reached to resolve foreclosure reviews required from consent orders. |
na |
na |
na |
1/16/2013 |
www.mortgagedaily.com/ServicerSettlement010713.asp |
| U.S. Bank |
Office of the Comptroller of the Currency, Federal Reserve |
na |
total of $8,500,000,000 for all servicer |
Settlement reached to resolve foreclosure reviews required from consent orders. |
na |
na |
na |
1/16/2013 |
www.mortgagedaily.com/ServicerSettlement010713.asp |
| Wells Fargo |
Office of the Comptroller of the Currency, Federal Reserve |
na |
total of $8,500,000,000 for all servicer |
Settlement reached to resolve foreclosure reviews required from consent orders. |
na |
na |
na |
1/16/2013 |
www.mortgagedaily.com/ServicerSettlement010713.asp |
| Aurora Loan Services, LLC |
Mauder And Alice Chao; Deogenoso and Glorina Palugod; and Maritza Pinel |
United States District Court, N.D. California, Oakland Division |
na |
Order filed resolving discovery dispute about whether the plaintiffs should be able to depose Aurora a second time regarding the storage, tracking, and production of data on the loan files and servicing history of putative class members, including how foreclosure status is tracked and communicated. |
Mauder And Alice Chao; Deogenoso and Glorina Palugod; and Maritza Pinel v. Aurora Loan Services, LLC. |
Case No. C 10-3118 SBA, No. C 10-3883 SBA |
na |
3/18/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Bank of America, N.A. et al. |
Vince Flaherty |
Court of Appeals of California, Second District, Division Five |
$433,000 |
Appeals court found that trial court erred in calculating amount of bond needed for preliminary injunction. |
Vince Flaherty, Plaintiff and Appellant, v. Bank of America, N.A. et al., Defendants and Respondents |
B230938 |
na |
1/3/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Burke Prevratil And Nancy Prevratil |
Deutsche Bank National Trust Company, as Indenture Trustee on Behalf of the Holders of the Accredited Mortgage Loan Trust 2006-1 Asset Backed Notes |
District Court of Appeal of Florida, Second District |
na |
Dismissed foreclosure reversed on appeal. |
Deutsche Bank National Trust Company, as Indenture Trustee on Behalf of the Holders of the Accredited Mortgage Loan Trust 2006-1 Asset Backed Notes v. Burke Prevratil And Nancy Prevratil |
2D12-2030 |
na |
3/8/2013 |
www.mortgagedaily.com/LitigationForeclosuresFl041013.asp |
| Chase Home Finance LLC, Shapiro & Burson LLP, Fannie Mae |
Araya Henok |
U.S. District Court for the District of Columbia |
na |
Motion for leave to amend granted in part and denied in part |
Araya Henok, Plaintiff,
v.
Chase Home Finance, LLC, et al., Defendants |
12-336 (RWR) |
Feb. 2012 |
1/16/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Countrywide Home Loans Inc., Bank of America Corp., Old Republic National Title Co., Old Republic Default Management Services |
Cornelio Pantoja |
Court of Appeals of California, Sixth District, Santa Clara County Superior Court |
$514,000 |
Appeals court reversed trial court’s decision in favor of defendant/ |
Cornelio Pantoja, Plaintiff and Appellant, v. Countrywide Home Loans, Inc., et al., Defendants and Respondents |
H036232 |
10/16/2008 |
2/28/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| FRED L. PARIS, MICHELLE S. PARIS |
FIRST FINANCIAL BANK, NATIONAL ASSOCIATION, HAMILTON, OHIO, AS SUCCESSOR IN INTEREST TO FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF IRWIN UNION BANK AND TRUST CO. |
Court of Appeals of Indiana |
na |
Appeals court rules that trial court erred in denying plaintiff’s motion for summary judgment as a matter of law. |
FIRST FINANCIAL BANK, NATIONAL ASSOCIATION, HAMILTON, OHIO, AS SUCCESSOR IN INTEREST TO FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF IRWIN UNION BANK AND TRUST COMPANY, Appellant/Plaintiff/Counterclaim Defendant, v. FRED L. PARIS and MICHELLE S. PARIS, Appellees/Defendants/Counterclaim Plaintiffs. |
41A05-1209-MF-474 |
1/6/2011 |
3/19/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Green Tree Servicing LLC |
Ari Shahar and Daphna Shahar |
District Court of Appeal of Florida, Fourth District |
na |
Potion of summary judgment in favor of defendant reversed on appeal. |
Ari Shahar and Daphna Shahar, husband and wife v. Green Tree Servicing LLC |
Case No. 4D11-1111 |
na |
3/6/2013 |
www.mortgagedaily.com/LitigationForeclosuresFl041013.asp |
| Green Tree Servicing, LLC |
Nadia Charley, Elysee Charley |
District Court of Appeal of Florida, Fourth District |
na |
Foreclosure judgment reversed on appeal. |
Nadia Charley And Elysee Charley V. Green Tree Servicing, LLC |
4D11-551 |
na |
3/6/2013 |
www.mortgagedaily.com/LitigationForeclosuresFl041013.asp |
| HSBC Bank USA, National Association As Trustee For Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates, Series 2007-PA1 |
Gil L. Serrano, Onelia Serrano, Tiulang Valdes |
District Court of Appeal of Florida, Fourth District |
na |
Foreclosure reversed on appeal. |
Gil L. Serrano, Onelia Serrano And Tiulang Valdes v. HSBC Bank USA, National Association As Trustee For Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates, Series 2007-PA1 |
4D11-1767 |
na |
2/20/2013 |
www.mortgagedaily.com/LitigationForeclosuresFl041013.asp |
| J.P. Morgan Mortgage Acquisition Corporation |
Alexander Philippou, Peter Philippou |
District Court of Appeal of Florida, Second District |
na |
Foreclosure judgment reversed. |
Alexander Philippou and Peter Philippou v. J.P. Morgan Mortgage Acquisition Corporation |
2D10-4771 |
na |
3/1/2013 |
www.mortgagedaily.com/LitigationForeclosuresFl041013.asp |
| JAGDISH TANDON, AMITRON, INC., an Illinois Corporation |
BANKFINANCIAL, FSB, Successor in Interest to Success National Bank |
Appellate Court of Illinois, First District, Third Division |
na |
Summary judgment in favor of defendant reversed on appeal. |
BANKFINANCIAL, FSB, Successor in Interest to Success National Bank, Plaintiff-Appellant, v. JAGDISH TANDON and AMITRON, INC., an Illinois Corporation, Defendants-Appellees |
1-11-3152.; 2013 IL App (1st) 113152 |
na |
3/13/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Janice Santiago, Rafael Segarra |
Deutsche Bank National Trust Company |
District Court of Appeal of Florida, Third District |
na |
Case dismissal reversed on appeal. |
Deutsche Bank National Trust Company, etc. v. Janice Santiago and Rafael Segarra |
3D11-2805 |
na |
3/13/2013 |
www.mortgagedaily.com/LitigationForeclosuresFl041013.asp |
| Michael Gabriele, Victoria Gabriele1 |
DEUTSCHE BANK NATIONAL TRUST CO. |
Appellate Court of Connecticut |
na |
Foreclosure judgment reversed on appeal. |
DEUTSCHE BANK NATIONAL TRUST COMPANY v. Michael GABRIELE, et al. |
32318; 61 A.3d 603 (2013); 141 Conn.App. 547 |
11/13/2009 |
3/26/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Michael J. Giglio |
Wells Fargo Bank, NA, successor by merger to Wells Fargo Home Mortgage, Inc. |
District Court of Appeal of Florida, Fourth District. March 13, 2013 |
na |
Appeals court overturned trial court’s refusal to dismiss case. |
Wells Fargo Bank, NA, successor by merger to Wells Fargo Home Mortgage, Inc., v. Michael J. Giglio, et al |
4D12-418 |
na |
3/13/2013 |
www.mortgagedaily.com/LitigationForeclosuresFl041013.asp |
| Midland Funding LLC; Midland Credit Management, Inc; Encore Capital Group, Inc., Defendants-Appellees |
Martha Vassalle; Jerome Johnson; Hope Franklin; Andrea Brent, Plaintiffs-Appellees, Robert Clawson, Christopher Guest, and Manuela Rivera (11-3961); Kelli Gray (11-4016); Ladon Herring Gilbert James, and Ann Rubio (11-4019),
Objectors-Appellants, Elaine Plezer |
U.S. Court of Appeals for the Sixth Circuit; U.S. District Court for the Northern District of Ohio at Toledo |
$5,200,000 |
Appeals court reversed district court’s order approving settlement in class action, vacated judgment and remanded. |
MARTHA VASSALLE;JEROME JOHNSON; HOPE FRANKLIN;ANDREA BRENT, Plaintiffs-Appellees, ROBERT CLAWSON,CHRISTOPHER GUEST, and MANUELA RIVERA (11-3961); KELLI GRAY (11-4016); LADON HERRING, GILBERT JAMES, and ANN RUBIO (11-4019), Objectors-Appellants, ELAINE PELZER (11-3814 and 11-4021), Intervenor-Appellant, v. MIDLAND FUNDING LLC;MIDLAND CREDIT MANAGEMENT,INC.;ENCORE CAPITAL GROUP,INC.,
Defendants-Appellees. |
11-3814/ 3961/ 4016/4019/ 4021, 13a0050p.06 |
|
2/26/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Miguel Reyes, Desiree Reyes, Michel Reyes |
The Bank of New York Mellon, as Successor Trustee under Novastar Mortgage Funding Trust, Series 2005-I |
District Court of Appeal of Florida, Third District |
na |
Ruling in favor of defendants reversed on appeal. |
The Bank of New York Mellon, as Successor Trustee under Novastar Mortgage Funding Trust, Series 2005-I v. Miguel Reyes, Desiree Reyes and Michel Reyes, et al |
3D12-1900 |
na |
20-Mar |
www.mortgagedaily.com/LitigationForeclosuresFl041013.asp |
| Peggy B. Gray, Waterford Ridge Owners Association, Inc. |
Plantation Federal Bank, as successor in interest to First Savers Bank |
Court of Appeals of South Carolina |
na |
Reversed and Remanded. |
Plantaion Federal Bank, as successor in interest to First Savers Bank, Respondent,
v.
Peggy B. Gray and Waterford Ridge Owners Association, Inc., Defendants,
Of whom, Peggy B. Gray is the Appellant |
5075, 401 S.C. 507 (2013), 737 S.E.2d 515 |
3/30/10 |
1/30/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| PennyMac Mortgage Investment Trust Holdings I, LLC |
Christie Ademiluyi |
U.S. District Court for the District of Maryland |
$8,500,000 |
Granted in part and denied in part defendant’s motion to dismiss. |
CHRISTIE ADEMILUYI, Plaintiff, on behalf of herself and others similarly situated, v. PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC, et al., Defendants. |
ELH-12-0752 |
na |
3/11/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| ROBERT W. ATKINSON, JR. |
EMC MORTGAGE CORPORATION |
Court of Appeals of Ohio, Ninth District, Summit County |
$18,000 |
Judgment in favor of plaintiff vacated on appeal. |
EMC MORTGAGE CORPORATION, Appellee, v. ROBERT W. ATKINSON, JR., et al., Appellant |
C.A. NO. 25968, 2013-Ohio-782 |
na |
3/6/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| The Bank Of New York |
Roman Pino |
Supreme Court of Florida |
na |
Court ruled that judges cant’ stop lenders from voluntarily withdrawing foreclosure case. |
Roman Pino v. The Bank Of New York, et al. |
SC11-697 |
na |
2/7/2013 |
www.mortgagedaily.com/LitigationForeclosuresFl041013.asp |
| WASHINGTON MUTUAL BANK |
DIANNE KLEM, as Administrator of the Estate of Dorothy Halstien |
Washington Supreme Court, |
73,000 |
Supreme Court reversed Appeals court ruling and affirmed trial court’s ruling in favor of the plaintiff. |
DIANNE KLEM, as Administrator of the Estate of Dorothy Halstien, Petitioner, v. WASHINGTON MUTUAL BANK, a Washington Corporation, Defendant, QUALITY LOAN SERVICE CORPORATION OF WASHINGTON, a Washington Corporation; and QUALITY LOAN SERVICE CORPORATION, a California Corporation, Respondents. |
87105-1 |
na |
2/28/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Wells Fargo Bank, N.A., As Trustee For The Certificateholders Of Soundview Home Loan Trust 2007-Opt1, Julie Ann Macdonald Unknown, Spouse Of Julie Ann Macdonald; County Creek V111 Homeowners Association, Inc.; Unknown Person(s) In Possession Of The Subject Property |
James K. Lindsey |
District Court of Appeal of Florida, First District |
na |
Foreclosure reversed on appeal. |
James K. Lindsey, V. Wells Fargo Bank, N.A., As Trustee For The Certificateholders Of Soundview Home Loan Trust 2007-Opt1, Julie Ann Macdonald Unknown, Spouse Of Julie Ann Macdonald; County Creek V111 Homeowners Association, Inc.; Unknown Person(s) In Possession Of The Subject Property |
1D12-2406 |
na |
27-Feb |
www.mortgagedaily.com/LitigationForeclosuresFl041013.asp |
| Wells Fargo Bank, N.A.; HSBC Bank USA |
Patrick O’Brien Murphy aka O’Brien Murphy, Beverly Murphy |
Court of Appeals of Texas, Fourteenth District, Houston |
na |
Decision in favor of defendants ffirmed in part, though trial court summary judgment reversed as to extent of attorneys awarded to Wells Fargo. |
Patrick O’Brien Murphy aka O’Brien Murphy and Beverly Murphy, Appellants, v. Wells Fargo Bank, N.A. and HSBC Bank USA, Appellees |
14-11-00560-CV |
na |
2/12/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Andre Barbosa |
Bank of America |
Palm Beach County Court |
$2,500,000 |
Complaint filed. |
na |
na |
Feb. 2013 |
Feb. 2013 |
www.mortgagedaily.com/MctLawsuitBoaSquatter042413.asp |
| Andre Soleil, also known as Andre S. Soleil, et al., Respondents, et al. |
Beltway Capital, LLC |
Appellate Division of the Supreme Court of New York, Second Department |
$625,000 |
Order in favor of defendant reversed on appeal. |
Beltway Capital, LLC, Appellant, v. Andre Soleil, also known as Andre S. Soleil, et al., Respondents, et al., Defendants |
2011-02773, 104 A.D.3d 628 (2013), 961 N.Y.S.2d 225, 2013 NY Slip Op 1366 |
na |
3/6/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Capital One, N.A., David N. Prensky, Esq. (“Prensky”), Ida Williams |
Wanda Busby in her official capacity as the District of Columbia Recorder of Deeds |
United States District Court for the District of Columbia |
na |
Plaintiff’s motion to remand denied, Defendant’s motion granted-in-part and denied-in-part |
Wanda Busby, Plaintiff, v. Capital One, N.A., et al. Defendants |
1:11-cv-01172-CKK |
na |
3/25/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Gary T. Bradley, Jaclyn R. Bradley, Mortgage Electronic Registration Systems, Inc., and GSF Mortgage Corporation, Defendants-Respondents, Wells Fargo Bank, NA, Defendant |
Associated Bank, N.A. |
Court of Appeals of Wisconsin, District III |
na |
Judgment in favor of defendants affirmed on appeal. |
Associated Bank, N.A., Plaintiff-Appellant, v. Gary T. Bradley, Jaclyn R. Bradley, Mortgage Electronic Registration Systems, Inc., and GSF Mortgage Corporation, Defendants-Respondents, Wells Fargo Bank, NA, Defendant |
2012AP81 |
na |
1/23/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| HERMINA CASTRO, STEVEN CASTRO, CHRISTOPHER CASTRO, ESTEBAN CASTRO |
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES NC 2005-HE8, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES NC 2005-HE8 |
Intermediate Court of Appeals of Hawaii |
na |
Judgment in favor of plaintiff vacated in memorandum opinion. |
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES NC 2005-HE8, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES NC 2005-HE8, Plaintiff-Appellee, v. HERMINA CASTRO, STEVEN CASTRO, CHRISTOPHER CASTRO, and ESTEBAN CASTRO, Defendants-Appellants, and JOHN DOES 1-50, and JANE DOES 1-50, Defendants |
CAAP-11-0001104 and CAAP-11-0001105 |
8/24/2011 |
3/14/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Mortgage Electronic Registration Systems, Inc.; a Delaware corporation; Recontrust Company N.A.; Bank of America, N.A., a Delaware corporation (fdba Countrywide Home Loans, Inc., a New York corporation (fdba America’s Wholesale Lender, a fictitious business name): and DOES 1-10, as individuals or entities with a purported interest in the property commonly known as 280 Horizon Drive, Boise, Idaho 83702 |
Jill Washburn |
District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada |
na |
Judgment for plaintiff on count 1, which contended foreclosure sale invalid. Judgment for plaintiff for defendants on counts 2-4. |
Jill Washburn v. Mortgage Electronic Registration Systems, Inc.; a Delaware corporation; Recontrust Company N.A.; Bank of America, N.A., a Delaware corporation (fdba Countrywide Home Loans, Inc., a New York corporation (fdba America’s Wholesale Lender, a fictitious business name): and DOES 1-10, as individuals or entities with a purported interest in the property commonly known as 280 Horizon Drive, Boise, Idaho 83702 |
CV OC 2012-16216 |
na |
2/7/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Paul L. Norris |
HSBC Bank USA, N.A. |
Appeals Court of Massachusetts |
na |
Trial court summary judgment in favor of plaintiff vacated on appeal. |
HSBC Bank USA, N.A. v. Norris |
11-P-1916 |
na |
2/28/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Regions Bank; The Stephens Family Limited Partnership; Kathryn Stephens; Rachel Stephens; Alex Stephens; Jennifer Stephens; Joshua Stephens, Minor; and Greg Stephens |
Chase Bank USA |
Supreme Court of Arkansas |
$308,828 |
Order granting partial summary judgment in favor of defendants was reversed and case was remanded. |
Chase Bank USA, N.A, Appellant, v. Regions Bank; The Stephens Family Limited Partnership; Kathryn Stephens; Rachel Stephens; Alex Stephens; Jennifer Stephens; Joshua Stephens, Minor; and Greg Stephens, Individually and as a parent and next friend of the above minor, Appellees |
No. 11-900 |
na |
3/28/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Select Portfolio Servicing, Inc., U.S. Bank, N.A. |
Melissa A. Juarez |
United States Court of Appeals, First Circuit |
na |
Dismissal of complaint reversed on appeal. |
Melissa A. Juarez, Plaintiff, Appellant, v. Select Portfolio Servicing, Inc. and U.S. Bank National Association, as Trustee, on Behalf of the Holders if the Asset Backed Securities Corporation Home Equity Loan Trust, Series NC 2005-HE8, Asset Backed Pass-Through Certificates, Series NC 2005-HE8, Defendants, Appellees |
11-2431 |
10/29/2010 |
2/12/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| United States of America, Department of Treasury, Judge Tena Campbell Internal Revenue Service, Tracey D. Cotner |
Regions Bank, |
U.S. District Court for the Eastern District of Tennessee, Knoxville |
na |
Plaintiff’s motion for summary judgment denied. |
Regions Bank, Plaintiff,
v.
United States of America, Department of Treasury, Judge Tena Campbell Internal Revenue Service, and Tracey D. Cotner, Defendants |
3:12-cv-21 |
na |
2/20/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Vincent J. Langman; Abdul Rehman Hamidani; Wells Fargo Financial Illinois, Inc., f/k/a Northwest Financial Illinois, Inc.; TCF National Bank; Joyce Hamidani; Unknown Owners and Nonrecord Claimants |
The Bank of New York, as Trustee for the Holders of EQCC Asset-Backed Certificates, Series 2001-2 |
Appellate Court of Illinois, Second District |
na |
Circuit Court’s judgment affirmed. |
The Bank of New York, as Trustee for the Holders of EQCC Asset-Backed Certificates, Series 2001-2, Plaintiff-Appellee, v. Vincent J. Langman; Abdul Rehman Hamidani; Wells Fargo Financial Illinois, Inc., f/k/a Northwest Financial Illinois, Inc.; TCF National Bank; Joyce Hamidani; Unknown Owners and Nonrecord Claimants, Defendants, (JP Morgan Chase Bank, National Association, as the Purchaser of the Loans and Other Assets of Washington Mutual Bank, f/k/a Washington Mutual Bank, FA, from the Federal Deposit Insurance Corporation, Intervenor-Appellant) |
2-12-0609 |
na |
3/20/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Corey T. Wells |
WCRSI, L.L.C. dba West Coast Servicing, Inc. |
Court of Appeals of Arizona, Division One, Department D |
$52,450 |
Superior court’s judgment in favor of defendant that HELOC counted as purchase financing affirmed. |
WCRSI, L.L.C. dba West Coast Servicing, Inc., a foreign corporation, Plaintiff/Appellant, v. Corey T. Wells, an Arizona resident, Defendant/Appellee |
1 CA-CV 11-0440 |
na |
3/21/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Nationstar Mortgage Holdings Inc. |
KIRP LLC |
New York State Supreme Court |
na |
Plaintiff asked for an adjournment of a scheduled hearing, citing talks to resolve the dispute. |
KIRP LLC v. Nationstar Mortgage LLC |
650794- 2013 |
3/7/2013 |
3/22/2013 |
www.mortgagedaily.com/ServicingLawsuits1q2013.asp |
| Countrywide Bank FSB; Bank of America, National Association |
Rozann G. Bergdale |
U.S. District Court for the District of Arizona |
na |
All but two claims dismissed. |
Rozann G. Bergdale, Plaintiff, v. Countrywide Bank FSB; Bank of America, National Association; and John Does, Defendants |
CV-12-8057-PCT-GMS |
na |
1/9/2013 |
www.mortgagedaily.com/LitigationModifications020513.asp |
| Guaranteed Home Mortgage Co., Fremont Investment & Loan, and America’s Servicing Co. doing business as Wells Fargo Home Mortgage Inc., John Doe Holder, Kelly Clark Comer, Wesley Wood and Jamil Allie |
Terry Steel II |
na |
na |
Complaint filed. |
na |
na |
1/8/2013 |
1/8/2013 |
www.mortgagedaily.com/LitigationModifications020513.asp |
