Mortgage-Related Unfair Practices
Nationstar Seizing of Multiple Mortgage Payments Florida Class Action
If you permit your mortgage servicer to withdraw the payment on your mortgage from your bank account each month, is the servicer permitted to withdraw three such payments at once, without notice to you, if you’re in default? The complaint for this class action alleges that Nationstar Mortgage, LLC has been making excessive withdrawals from Read more
Guild Mortgage Fails to Tell Borrower of Right to Cancel PMI Class Action
Home buyers who make a down payment of less than twenty percent may be required to pay for Private Mortgage Insurance (PMI) for a period of time. The complaint for this class action alleges that Guild Mortgage Company, LLC does not tell mortgage borrowers when PMI is no longer required or give them other information, Read more
Nationstar Unauthorized Withdrawal of Double Mortgage Amount Class Action
The short complaint for this class action makes a simple allegation with little surrounding detail: that Nationstar Mortgage, LLC, doing business as Mr. Cooper, withdrew two months’ worth of mortgage payments, a total of around $3,000, from a borrower’s account without permission. It claims that Nationstar violated the Electronic Fund Transfer Act (EFTA). Read more
Nationstar Unauthorized Withdrawal of Two Mortgage Payments EFTA Class Action
This class action alleges that Nationstar Mortgage, LLC, which does business as Mr. Cooper, took two months’ worth of mortgage payments out of a customer account, even though he had already made his monthly mortgage payment. The complaint provides very little associated detail but bring suit under the Electronic Fund Transfer Act (EFTA). Read more
Bank of America Unnecessary Property Inspections Class Action
On its first page, the complaint alleges that Bank of America, NA (BOA) “services home loans according to uniform practices designed to maximize fees assessed on borrowers’ accounts when they are behind on their payments.” The practices at issue? Charging customers for multiple unwarranted “property inspections” and for unneeded force-placed insurance. Read more
Freedom Mortgage Rejects Requests for Recordings RESPA Class Action
It’s a problem for a borrower if their mortgage servicer doesn’t respond to questions about their mortgage account. That’s why the Real Estate Settlement Procedures Act (RESPA) requires that they do so. But the complaint for this class action alleges that Freedom Mortgage Corporation does not comply with the law, because they do not provide 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
Wells Fargo Buydown Settlement
Wells Fargo Bank, NA is paying nearly $7 million to settle a class action related to its Buydown Agreements or Buydown Deposit Agreements. The complaint alleged that Wells Fargo (1) violated the federal Truth in Lending Act (TILA) by improperly disclosing the interest rate that would be in effect during the buydown; (2) used a Read more
Rushmore Loan Management Excessive Pay-to-Pay Fees Class Action
Rushmore Loan Management Services, LLC services home mortgages. But the complaint for this class action alleges that it violates California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) and the terms of mortgages by charging processing fees when customers make their monthly payments by telephone. These pay-to-pay fees amount to $5 when homeowners use the automated 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