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Complaint

This is a 2017 federal court complaint in the Maine district court concerning a homeowner who was given an unaffordable loan modification and the servicer subsequently misrepresented the homeowner’s eligibility for a further modification that would have been affordable under HAMP.  The claim is that this conduct by the servicer is fraudulent, and violates RESPA and the state UDAP and state credit statutes, and the conduct is.

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This is a 2013 Massachusetts state court complaint against a mortgage servicer for advising a homeowner in financial difficulty to fall behind on mortgage payments to obtain a loan modification. After obtaining the modification and making payments, the servicer refused to accept the modification and requested that they apply for a new modification.  When the homeowner reapplied, the servicer lost documents, required repeated submission of the same documents, misrepresented the modification status, and then initiated foreclosure.  The complaint was filed by Kulik Law.

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This is a 2021 Wisconsin state court complaint against TAB bank for various terms violating Wisconsin law found in the installment sales agreement.  Prohibited terms included waiver of rights to a class action and injunctive remedies, a requirement that Utah law applied, an attorney fee shifting provision, an excessive bad check charge, shortening of the default provisions, and failing to timely provide the consumer with a contract. This complaint was filed by Eric Crandall of the Crandall Law Firm.

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Michigan State Court Complaint Concerning Mortgage Loan Servicing After Loan Modification (Owen)

This is a Michigan state court complaint brought in 2013 by Legal Aid of Western Michigan against Ocwen, a mortgage servicer, for failing to properly service the mortgage loan after a loan modification, including improperly computing the loan balance, improper debt collection practices, and failing to reply timely to a qualified written request.  This complaint was filed by John Smith of Legal Aid of Western Michigan.

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