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This is a federal court complaint and various attachments filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills and John Steinkamp of Indianapolis, Indiana, on October 13, 2023,  in the Southern District of Indiana alleging FDCPA violations involving demanding a debt not owed (1692e), failure to cease communications and collections (1692c(c)), communicating with a consumer represented by counsel (1692c(a)(2)), and harassment or abuse (692d(2). The complaint also addresses federal court standing.

This is a federal court complaint  filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills on August 9, 2023,  in the Northern  District of Illinois alleging FDCPA violations involving  failure to cease collections of a dispute debt without providing validation (1692g(b)), failure to cease communications and collections (1692c(c)), false, misleading and deceptive statements (1692e),, and harassing or abusive practices (1692d). The complaint also addresses federal court standing.

This is an FDCPA second amended complaint filed by M. Stan Herring of Watts and Herring in Birmingham, Alabama, alleging FDCPA violations under 15 USC ss. 1692c(a)(1), 1692e, 1692e(2), 1692e(4), 1692e(5), 1692e(10), 1692e(11), 1692f , 1692f(1), based on abusive phone calls and threats made before 8:00 AM, false threats of garnishment without a court judgment, and engaging in numerous other misrepresentations. The complaint alleges the defendant's liability under respondeat superior and alter ego.

This is an FDCPA case filed by M. Stan Herring of Watts and Herring in Birmingham, Alabama, alleging FDCPA violations under 15 USC 1692c(a)(1), 1692e, 1692e(2), 1692e(4), 1692e(5), 1692e(10), 1692e(11), 1692f , 1692f(1), based on abusive phone calls and threats made before 8:00 AM, false threats of garnishment without a court judgment, and engaging in numerous other misrepresentations. The complaint alleges the defendant's liability under respondeat superior and alter ego.  The verdict is for $1000 statutory damages and $210,000 compensatory damages.

This 2024 federal court brief filed in the Southern District of West Virginia on behalf of a class of consumers successfully argued that clicking a website to set up a free Experian account is not sufficient to bind the consumers to an arbitration clause found in the terms of use. See Cox v. ConsumerInfo.com, Inc., 2024 WL 3625859 (S.D. W. Va. Aug.

Mishandling of loan modification implementation: RESPA NOE, pattern and practice, breach of contract, breach of covenant of good faith and fair dealing. Javier Merino.  

Complaint.  Loss mitigation, trial plan and modification implementation. RESPA (NOE & RFI), UDAP, breach of contract, covenant of good faith and fair dealing, specific allegations of harm.  Javier Merino

Mishandling of modification, escrow disputes, deferral transition.  RESPA NOE.  Javier Merino.

First Amended Complaint for Wrongful Foreclosure,  E.D. Cal. filed Jan. 25, 2021, by Evan Livingstone, Calif. Rural Legal Assistance. Home already foreclosed and sold to bona fide purchaser, action for damages only. Franklin is servicer for Wilmington. Notice of default and notice of sale did not list correct amount due on second mortgage. Six claims: (1) breach of contract against Wilmington.

Homeowner’s discovery requests (combined interrogatories and document requests) to defendant servicer. Loss mitigation, fees, property inspections. Jeff Gentes.  

Breen v. Midfirst Bank, D. Conn., Complaint May 2024  application of payments, escrow, UDAP, related Reg. X, and breach of contract. Lorraine Martinez Conn. Fair Housing

Tremalgio v. PHH Corp., D. Conn. April 2023.  Complaint.  Loss mitigation-related UDAP, RESPA, harm related to implementation of loan modification  Jeff Gentes

Declaration of Richard Dubois, Proposed Cy Pres Recipient

Class action complaint against Navy Federal Credit Union, the country’s largest credit union, following a CNN report demonstrating a sharp disparity between approval rates for White mortgage applicants as compared to Hispanic and Black applicants.  While the complaint does not directly allege redlining practices, it does claim that the credit union violated the ECOA, the FHA, and section 1981 of the federal Civil Rights Act by engaging in “systematic discrimination in housing, in violation of federal law.”

This 2024 brief reviews the requirements of the federal E-Sign Act, and argues that it precludes oral consent from meeting the requirement of prior express written consent.  It also rebuts the caller's claim that the consumer's alleged oral consent to receive calls met the requirement of the FCC's regulations that an agreement to receive calls be signed by the consumer. 

This is a 2023 class complaint filed in the Western District of Washington that the mobile phone carrier failed to protect customers personal and financial information and that this resulted in a SIM card swapping scam, so that the scammer gained control of the customers’ phone number and phone account without gaining possession of the customer’s phone.  Claims against T-Mobile included negligence, negligent hiring and supervision, UDAP, violations of the Federal Communications Act, and other federal claims.

This is a 2020 individual complaint filed in the Central District of California that the mobile phone carrier failed to protect customers personal and financial information and that this resulted in a SIM card swapping scam, so that the scammer gained control of the customers’ phone number and phone account without gaining possession of the customer’s phone.  Claims against ATT included that the agreement and disclaimers were unconscionable and against public policy, deceit by concealment, misrepresentation, negligence, negligent hiring and supervision, breach of contract, and vi

This is a 2019 individual complaint filed in the Eastern District of North Carolina that the mobile phone carrier failed to protect customers personal and financial information and that this resulted in a SIM card swapping scam, so that the scammer gained control of the customers’ phone number and phone account without gaining possession of the customer’s phone.  Claims against ATT included negligence, negligent hiring and supervision, the North Carolina Anti-Hacking statute, UDAP, and violations of the Federal Communications Act and the Computer Fraud and Abuse Act.

This letter is a formal demand for damages due to violations of the Electronic Fund Transfer Act, 15 U.S.C. § 1693, et seq., and various North Carolina laws, including, but not limited to, common law negligence and violations of the Unfair and Deceptive Trade Practices statute (“UDAP”), N.C.G.S. § 75-1.1, et seq.

Complaint and Demand for Declaratory and Injunctive Relief

Second Amended Class Action complaint involving HAMP TPP claims, breach of contract, promissory estoppel, UDAP, fraudulent misrepresentation Wigod v Wells Fargo Bank, July 2012  (N.D. Ill.), later favorable Seventh Circuit decision  WIGOD, Finlinson and Finlinson, on behalf of themselves and all others similarly situated, Plaintiffs, v. WELLS FARGO BANK, N.A.

Complaint RESPA loss mitigation, inadequate response to RFI and NOE, negligence, UDAP. TANASI and Tanasi, Plaintiffs, v. CITIMORTGAGE, INC. and M&T Bank, as Successor by Merger to Hudson City Savings Bank, N.A., Defendant., 2016 WL 11048311 (D.Conn.) RESPA, UDAP, negligence (RESPA servicing dismissed) Case brought by Connecticut Fair Housing Center, attorney Jeff Gentes.

Motion to compel answers to interrogatories, investor guidelines Wigod v. Wells Fargo Bank N.D. Ill. Sept. 28, 2012 and motion to compel further answers to interrogatories Nov 12, 2012  WIGOD, Finlinson and Finlinson, on behalf of themselves and all others similarly situated, Plaintiffs, v. WELLS FARGO BANK, N.A.

Motion to compel answers to interrogatories, investor guidelines Wigod v. Wells Fargo Bank N.D. Ill. Sept. 28, 2012 and motion to compel further answers to interrogatories Nov 12, 2012  WIGOD, Dan Finlinson and  Finlinson, on behalf of themselves and all others similarly situated, Plaintiffs, v. WELLS FARGO BANK, N.A.

Post-Hearing memorandum, addressing tolling of interest, costs and fees, requesting sanctions against servicer attorney, non-borrower role in FHA loan. NY trial court May 2018 Carrington Mortgage v Morain.  

Memorandum in Opposition to Motion to Dismiss Complaint: RESPA loss mitigation, RFI, and NOE rules, negligence, UDAP 

Tanasi v Citimortgage D. Conn.   Oct. 2016 TANASI and Tanasi, Plaintiffs, v. CITIMORTGAGE, INC. and M&T Bank, as Successor by Merger to Hudson City Savings Bank, N.A., Defendant., 2016 WL 11048311 (D.Conn.)

RESPA, UDAP, negligence (RESPA servicing dismissed) 

Jeff Gentes

Brief in Opposition to motion to dismiss complaint, raising HAMP TPP claims of breach of contract, UDAP. 

Memorandum in opposition to motion to strike counterclaim in judicial foreclosure, arguing misconduct in implementing HAMP, claims for breach of contract, promissory estoppel, negligence, negligent infliction of emotional distress, and UDAP.  Bank of America v Izzo CT Superior Court April 2015.

Memorandum in Opposition to Motion to Dismiss Complaint: RESPA loss mitigation, RFI, and NOE rules, negligence, UDAP Tanasi v Citimortgage D. Conn.   Oct. 2016 TANASI and Tanasi, Plaintiffs, v. CITIMORTGAGE, INC. and M&T Bank, as Successor by Merger to Hudson City Savings Bank, N.A., Defendant., 2016 WL 11048311 (D.Conn.)

RESPA, UDAP, negligence (RESPA servicing dismissed) Jeff Gentes

Jury instructions, UDAP and RESPA claims. MD trial court undated  Shankle v Ocwen Servicing

First Amended Complaint filed Oct. 11, 2021, E.D.N.Y., by Rachel Geballe Brooklyn Legal Services.  

Claims against servicer and its law firm. FDCPA and UDAP claims, statute of limitation.

This 2019 New York state court complaint seeks pursuant to New York law to cancel a home equity line of credit (HELC) mortgage and enjoin any action against the homeowner’s property because the statute of limitations has run after the creditor accelerated the HELC payments. In addition, the creditor failed to comply with federal requirements (the 2MP program) concerning modification of the first mortgage that should have extinguished the HELC.  The action is brought by Petroff Amshen LLP.

Complaint filed Dec. 17, 2021,  E.D. Va. by Kristi Kelly. 

TILA  §1641(g) class claim against United on behalf of class of all consumers with loans assigned to United in past year who did not receive §1641(g) notice.  FDCPA claims under §§1692e & f  for foreclosing and claiming interest and fees not owed.  Contractual cure notice stated incorrect cure amount.  Breach of contract claim based on non-compliance with condition precedent (service of accurate notice) required by deed of trust.

Complaint filed Dec. 3, 2021 N.D. Ga. by Rachel Scott Atlanta Legal Aid.   

First Amended Complaint dated July 17, 2017, E.D. Pa. by Joanne Werdel Community Legal Services Phila.  

Adversary proceeding objecting to bankruptcy proof of claim, Bankr. D. Mass. 2021 by Roger Bertling Harvard Legal Clinic,  

Claims focused on origination. Seeks recoupment and set off to deny or reduce creditor claim.  2005 80/20 loan. Payments exceeded borrower income, no underwriting. Claims: (1) UDAP; (2) breach of covenant of good faith and fair dealing focused on foreclosing unconscionable loan without loss mitigation; (3) unconscionability.

This is a declaration by Florida attorney Robert Murphy filed in the federal district court for the Eastern District of Virginia concerning various grounds he has witnessed the American Arbitration Association use to refuse to arbitrate a case based on a business's conduct: failing to pay filing fees, failing to register the arbitration agreement, using an arbitration agreement that does not meet the AAA's due process protocols, and the business's conduct in past AAA arbitrations.

This proposed order by Florida attorney Robert Murphy filed in 2023 in the federal district court for the Eastern District of Virginia requests that the case be stayed pending arbitration by the American Arbitration Association, that the court retain jurisdiction in the case, and that the parties be required to participate in the arbitration. The attorney was concerned that the defendant would not participate in the arbitration or that for other reasons the AAA would dismiss the case based on the defendant's conduct.

This memorandum by Florida attorney Robert Murphy filed in the federal district court for the Eastern District of Virginia requests that the case not be dismissed because of an arbitration requirement, but rather that the case be stayed pending arbitration by the American Arbitration Association, and that the court retain jurisdiction. The attorney was concerned that the defendant would not participate in the arbitration or that for other reasons the AAA would dismiss the case based on the defendant's conduct. In that case, the consumer seeks to be able to return to court to