UDAP

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

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.  

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

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

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.

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

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

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.