RESPA Lawsuits 2007 Mortgage Litigation Report

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2 · 11 · 08
Case Title
Jacalyn S. Nosek
U.S. Bankruptcy Court, District of Massachusetts
$750,000 for punitive and emotional distress damages, $1 for RESPA violations (on appeal)
Federal judge rules against lender for improper posting of debtor’s payments to only the oldest outstanding pre-petition delinquencies, despite the fact that debtor was current

Sylvia Cohen

U.S. Court of Appeals, 2nd Circuit


Federal appellate court reinstated New York borrower suit which claimed JP Morgan Chase violations federal and state law by charging them a $225 post-closing fee.

Cohen v. JP Morgan Chase
Christopher Kubiak (named Plaintiff)
U.S. District Court, Northern District of California
Subprime lender allegedly failed to disclose to borrowers the yield spread premiums it had paid to brokers, resulting in purportedly higher interest rates
Kubiak v. NovaStar Mortgage, Inc.

Tanya Spicer (named plaintiff)

U.S. District Court for the Northern District of Georgia


Group of borrowers sues homebuilder for allegedly violating federal law by coercing them with cash incentives into obtaining mortgage loans from Ryland’s mortgage subsidiary


Andrea Kay

U.S. District Court, Northern District of California, San Francisco/Oakland Division


Wells allegedly illegally referred borrowers to its affiliate for mortgage insurance has been certified as a class action.

Andrea Kay v. Wells Fargo & Co., Wells Fargo Bank, N.A., North Start Mortgage Guaranty Reinsurance Company

Mortgage Expert

Mortgage Daily Staff



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