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.
Mishandling of modification, escrow disputes, deferral transition. RESPA NOE. 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 loan modification implementation: RESPA NOE, pattern and practice, breach of contract, breach of covenant of good faith and fair dealing. Javier Merino.
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.
First Amended Complaint dated July 17, 2017, E.D. Pa. by Joanne Werdel Community Legal Services Phila.
Complaint filed Dec. 3, 2021 N.D. Ga. by Rachel Scott Atlanta Legal Aid.
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.
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.
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.