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

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 is a federal court complaint and various attachments filed by David Philipps or Palos Hills, Illinois, and Bradform Botes of Birmingham, Alabama on September 22, 2023,  in the Eastern District of Missouri alleging FDCPA violations involving failure to report that a debt is disputed (1692e(8)), and unfair or unconscionable collection actions (1692f).  The complaint also addresses federal court standing.

This is a federal court complaint and various attachments filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills on August 31, 2023,  in the Eastern District of Missouri alleging FDCPA violations involving failure to cease communications and collections (1692c(c)), and communicating with a consumer represented by counsel (1692c(a)(2)). The complaint also addresses federal court standing.

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 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.

Motion to compel Rule 30(b)(6) deposition (over loan modification review procedures) Wigod v. Wells Fargo Bank N.D. Ill. June 13, 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 request for production of documents, including loan modification data and servicer’s training material, Wigod v. Wells Fargo Bank (N.D. Ill) Aug. 24, 2012) and Reply to Defendant’s Opposition to Motion to Compel Production of Documents,  Oct. 2012 WIGOD, Finlinson and Finlinson, on behalf of themselves and all others similarly situated, Plaintiffs, v. WELLS FARGO BANK, N.A.

Opposition to motion to dismiss Complaint alleging failure to implement loan modification, raising breach of contract, negligence, promissory estoppel, and UDAP against servicer and loan owner. D. Mass. Jan. 2014. Hannigan v Bank of America Feb. 2014 HANNIGAN and Hannigan, Plaintiffs, v. BANK OF AMERICA, N.A. and Wells Fargo Bank, N.A., as Trustee for the Certificate holders of Banc of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2004-7, Defendant., 2014 WL 8388851 (D.Mass.) detailed facts, perm mod, 93A and negligence, contract.

Appellate briefs addressing HAMP TPP class action claims under state UDAP and FDCPA statutes, breach of contract, good faith and fair dealing, and promissory estoppel. Corvello and Lucia v. Wells Fargo
Appellant’s Main Brief  9th Cir. Mar. 22, 2012 and Appellant’s Reply Brief May 23, 2012.  LUCIA and Lucia, on behalf of themselves and all others similarly situated, Plaintiffs, v. WELLS FARGO BANK, N.A. d/b/a Wells Fargo Home Mortgage and Does 1 through 10, Defendants., 2010 WL 4271748 (N.D.Cal.) 9th Cir various HAMP claims, class action
 

Appellate briefs addressing HAMP TPP class action claims under state UDAP and FDCPA statutes, breach of contract, good faith and fair dealing, and promissory estoppel. Corvello and Lucia v. Wells Fargo
Appellant’s Main Brief  9th Cir. Mar. 22, 2012 and Appellant’s Reply Brief May 23, 2012.  Karen LUCIA and Jeffrey Lucia, on behalf of themselves and all others similarly situated, Plaintiffs, v. WELLS FARGO BANK, N.A. d/b/a Wells Fargo Home Mortgage and Does 1 through 10, Defendants., 2010 WL 4271748 (N.D.Cal.) 9th Cir various HAMP claims, class action
 

Appellate briefs addressing trustee’s duty of good faith in foreclosing, UDAP claims, U.S.  Bank NA v Lyons  Washington Supreme Court, Main Brief Oct. 2013; Amicus Brief of Northwest Consumer Law Center & Northwest Justice Project  filed April 25, 2014.

Second Amended Class Action Complaint to enforce loan modification agreements, raising contract, good faith and fair dealing, promissory estoppel and UDAP claims. Bosque v Wells Fargo D. Mass.  Aug. 17, 2010  

Similar claims: 
Bosque v Wells Fargo Bank, N.A., 762 F Supp 2d 342 [D Mass 2011] breach of contract, good faith and fair dealing, UDAP Class action, extensive Westlaw pleadings and memos.
 

Class action complaint raising HAMP TPP claims under state UDAP and FDCPA laws, contract, good faith and fair dealing, and promissory estoppel. Lucia v. Wells Fargo Oct. 2010  (joined with Corvello in 9th Circuit appeal with favorable decision) LUCIA and Lucia, on behalf of themselves and all others similarly situated, Plaintiffs, v. WELLS FARGO BANK, N.A. d/b/a Wells Fargo Home Mortgage and Does 1 through 10, Defendants., 2010 WL 4271748 (N.D.Cal.) 9th Cir various HAMP claims, class action.

Class action complaint involving successor in interest issues, claims of promissory estoppel, negligence, UDAP.

McGarvey v JP Morgan  filed Cal. Super. Court April 2013 later removed, complaint as exhibit in removal motion, needs deletion of exhibits or obtain from firm.  MCGARVEY, An individual, and all others similarly situated, Plaintiff, v. JPMORGAN CHASE BANK, N.A.; and Does 1 through 100 inclusive, Defendants., 2013 WL 2479615 (E.D.Cal.)  complaint not on Westlaw, good negligence and UDAP (Letcher, Mercer).

Complaint alleging failure to implement loan modification, raising breach of contract, negligence, promissory estoppel, and UDAP against both servicer and loan owner. D. Mass. Jan. 2014.  Joseph HANNIGAN and Linda Hannigan, Plaintiffs, v. BANK OF AMERICA, N.A. and Wells Fargo Bank, N.A., as Trustee for the Certificate holders of Banc of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2004-7, Defendant., 2014 WL 8388851 (D.Mass.) detailed facts, perm mod, 93A and negligence, contract.

Class action compliant enforcement of conversions to permanent modifications, breach of contract, good faith and fair dealing, promissory estoppel, and UDAP claims  Cave v. Saxon Mortgage Services  E.D. Pa.  Sept. 2012  CAVE, and Smith, on behalf of themselves and all others similarly situated, Plaintiffs, v. SAXON MORTGAGE SERVICES, INC. and Ocwen Loan Servicing, LLC, Defendant., 2012 WL 4718976 (E.D.Pa.) good decision, class action HAMP background breach of contract, UDAP, FDCPA     

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

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

Complaint alleging that an algorithm-based tenant screening system had a disparate impact in violation of the Fair Housing Act, Massachusetts Consumer Protection Law, and Massachusetts General Laws