Loans
IC System Unclear Settlement Offer in Collection Letter FDCPA Class Action
Congress passed the Fair Debt Collection Practices Act (FDCPA) because of the “abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors.” The complaint for this class action alleges that I.C. System, Inc. (ICS) violates that law in sending letters to consumer debtors which did not make clear Read moreLoans
Gregory Funding Payoff Statement Fees Not Yet Incurred Class Action
This class action concerns the kinds of fees mortgage servicers are permitted to add to payoff statements, and how those fees may be figured. The complaint sues Gregory Funding, LLC for two fees added to its payoff statement, alleging that the wire fee should not have been added and that the reconveyance fee is excessive. Read moreLoans
Fay Servicing Payoff Inquiries Regulation X, RESPA Class Action
Fay Servicing, LLC is a mortgage servicer that at times also acts as a debt collector. This class action brings suit against Fay, alleging that it has a “pattern and practice of failing to provide homeowners with an accurate statement regarding the mortgages that it services.” Read moreLoans
American Coradius Did Not Provide Creditor Name FDCPA Class Action
The Fair Debt Collection Practices Act (FDCP) sets forth rules for third-party debt collectors who are attempting to collect consumer debts. It seeks to prevent abusive collection practices. Among its requirements are that debt collectors must provide certain information to consumer debtors at their first contact or shortly thereafter. The complaint for this class action Read moreLoans
Midland Credit Letter Unclear as to Settlement Options FDCPA Class Action
As a third-party debt collector, Midland Credit Management, Inc. (MCM) must comply with the Fair Debt Collection Practices Act (FDCPA), a federal law. One thing the law requires is clarity in communications with consumers, so that ordinary people can fully understand their options and make the best choices possible in their circumstances. The complaint for Read moreLoans
Shellpoint Mortgage Inadequate Explanation of Payoff Items Class Action
Shellpoint Mortgage Services, officially called Newrez, LLC, is a mortgage servicer. This class action alleges that Shellpoint issues mortgage payoff that do not comply with federal laws, like the Fair Debt Collection Practices Act (FDCPA) and Florida state laws. The complaint claims that the mortgage payoff statements issued by the company to borrowers include a Read moreLoans
Hyundai Capital No Refund of GAP Waiver Fees Class Action
This class action concerns Hyundai Capital America’s failure to refund fees from Guaranteed Asset Protection (GAP) Waiver Addendum fees when auto loans are paid off early. The complaint alleges that a certain portion of these fees are not earned when auto finance loans are paid off before the scheduled time and that these should be Read moreLoans
Gregory Funding Mortgages in CARES Act Forbearance Periods Class Action
During the Covid-19 pandemic, when so many people lost their incomes, or a significant part of them, Congress passed the Coronavirus Aid, Relief and Economic Security Act (CARES Act) to provide a number of different kinds of relief. Among the different provisions, one section allows homeowners who are subject to economic hardship to ask for Read moreLoans
Bank of America Excessive Fees on Defaults Class Action
This class action brings suit against Bank of America, NA (BOA) and Integon National Insurance Company alleging they conspire “to maximize fees assessed on borrowers’ accounts when they are behind on their payments.” BOA, the complaint alleges, requires things like repeated and unnecessary property inspections and force-placed flood insurance. These are added to the amount Read moreLoans
Nationstar, Seterus Notice of Right to Appeal Loan Modification Denials Class Action
This class action brings suit against mortgage servicer Nationstar Mortgage, LLC, which does business as Mr. Cooper. Nationstar is the successor-in-interest to a servicer called Seterus, Inc., which merged with Nationstar. When Seterus rejected loss mitigation requests, the complaint alleges, Nationstar did not fulfill the servicer’s obligations under the Real Estate Settlement Procedures Act (RESPA) Read moreLoans
