Servicing Your Mortgage
PHH Mortgage of Pay-to-Pay Fees West Virginia Class Action
This class action bring suit against PHH Mortgage Corporation from improperly profiting from homeowners whose mortgages it services by charging illegal processing fees, or “pay-to-pay” fees, for mortgage payments made by telephone or online. The complaint alleges this violates the West Virginia Consumer Credit and Protection Act (CCPA), the state’s debt collection law, and the Read more
LoanCare Refusal of Requests and Erroneous Credit Reporting Class Action
When a mortgage loan is passed from one servicer to another, the transfer process may result in errors. In this case, for all of the plaintiffs, the new servicer was LoanCare, LLC. The complaint for this class action alleges that LoanCare erroneously considers them all to be in arrears, has refused to provide them with Read more
US Bank Improper Fees for Payoff Statement Massachusetts Class Action
Mortgages and their servicing are thoroughly regulated, including in the state of Massachusetts. The complaint for this class action alleges that US Bank, NA charges impermissible fees, such as a Payoff Statement Fee and a Discharge Recording Fee, which are included in the Total Amount Due when borrowers request a Payoff Statement for their mortgages. Read more
Gregory Funding Mortgage Statements TILA and FDCPA Settlement
Gregory Funding, LLC is paying $400,000 to settle a class action alleging it violated the Truth in Lending Act (TILA) and Fair Debt Collection Practices Act (FDCPA) because the statements it sent to customers misrepresented suspense balances. Read more
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
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
Bank of America Rejects RFIs and Electronic Signatures Class Action
Homes tend to be the largest purchases people make in their lives, so difficulties with mortgages are significant. The Real Estate Settlement Procedures Act (RESPA) tries, among other things, to ensure that borrowers can receive all the information they need promptly. The complaint for this class action alleges Bank of America, NA (BANA), does not Read more
PHH Mortgage Naming of Owner of Mortgage RESPA, Reg X Class Action
The Real Estate Settlement Practices Act (RESPA) and Regulation X are meant to help consumers with the servicing and settlement of their real estate transactions. They were intended to require mortgage servicers and other to provide them with adequate and timely information and to protect them from high charges and abusive practices. The complaint for Read more
Kelco FCU Errors in Mortgage Accounts with Balloon Payments Class Action
This complicated case involves both individual and class concerns about mortgage payments in Maryland. The complaint alleges that Kelco Federal Credit Union misapplied payments, misreported balloon amounts, and failed to correct errors, creating ever-larger problems for the homeowners, who finally brought this case against Kelco. Read more