Foreclosure
Oakland County, Michigan Tax Foreclosure Settlement
Oakland County, Michigan is spending $38 million to settle a class action alleging that when it foreclosed on properties for taxes owed, if the sale brought in more than the owed amount, it did not refund the difference to the former owner. The complaint alleged that it should have kept only the owed amount and Read more
Philadelphia Foreclosures Excess Proceeds Settlement
The City of Philadelphia is settling a class action alleging that its Sheriff did not always returns excess proceeds from foreclosure sales to the former property owner. Normally, if the proceeds from a foreclosure sale exceed the amount of the owed mortgage, sale costs, and liens, the excess proceeds left over after these costs were Read more
Wells Fargo Claims Mortgage Assignment in Bankruptcy Case RICO Class Action
The initial filings for this pro se class action add up to over 700 pages. The main defendant is Wells Fargo Bank, NA; the case seems to have begun with a mortgage and the bankruptcy of the original lender; and then a foreclosure without a proper, legal assignment. The most prominent allegations involve the Racketeer Read more
Seterus Final Letter Action Settlement
Seterus, Inc. and Nationstar Mortgage, LLC will be paying $7 million to settle a class action alleging that they unlawfully threatened homeowners with foreclosure in a Notice of Default letter or Final Letter. The complaint alleged violation of the (1) the Fair Debt Collection Practices Act (FDCPA), the Michigan Regulation of the Collection Practices Act, Read more
Nationstar Foreclosures Violate Homeowner Law California Class Action
California passed a Homeowner Bill of Rights (HOBOR) after its foreclosure crisis in 2007, “to prohibit the abusive and deceptive loan servicing misconduct” and to give homeowners a chance to retain their homes. The complaint for this class action alleges that Nationstar Mortgage, LLC, doing business as Mr. Cooper, does not follow the law and Read more
PHH Mortgage, HSBC Bank Improper Right to Cure Notices Class Action
Foreclosures are likely to be hard to undo. Nevertheless, the complaint for this class action asks that the court “declare any foreclosure deed for [the class members in this case] null and void.” It claims that PHH Mortgage Corporation (formerly known as Ocwen Loan Servicing, LLC) and HSBC Bank USA, NA, as Trustee for Fremont Read more
Wells Fargo Denial of Mortgage Loan Modifications New York Class Action
How would you feel if a “faulty calculation” caused you to lose your home? The complaint for this class action alleges that that’s what happened to two couples, and many more homeowners, due to Wells Fargo’s denial to them of mortgage loan modifications. Read more
JPMorgan Chase Foreclosures Without Proper Documentation Class Action
This is one of a number of class actions filed over recent years that allege that companies have played fast and loose when securitizing mortgages, and then again when executing foreclosures on the residential property covered by those mortgages. The complaint claims that foreclosures were undertaken with fraudulent mortgage assignments and note endorsements, improperly putting Read more
Mortgage-Backed Securities, Chain of Title, and Foreclosure Hawaii Class Action
Plaintiffs Clyde and Michelle Igarashi claim that their home was illegally foreclosed on by parties who did not own their mortgage. The central allegations in this class action involve a long list of defendants and the ways that the turning of mortgages into mortgage-backed securities (MBSs) or “trusts” has led to a clouding of title Read more
