A homeowner, having filed a chapter 13 bankruptcy in the Bankruptcy Court for the District of Massachusetts, in 2021 objects to the mortgagee’s proof of claim based on the predatory nature of the loan and that the loan terms were knowingly unaffordable. The homeowner also uses this proceeding to file various counterclaims for the same mortgagee conduct. The filing was submitted by Roger Bertling of the Legal Services Center.
Federal Court Complaint Where Assignee of Second Mortgagee Improperly Charged Interest (Interstate TD Investments)
Alabama Federal Court Complaint for Servicer’s Failure to Investigate Servicer Errors (Nationstar)
This is a 2014 federal court complaint in the Southern District of Alabama against a mortgage servicer for failing to properly credit mortgage payments and then failing to investigate such errors or provide requested information. The case was brought by Underwood and Riemer.
This is a 2020 order by a bankruptcy court in the Eastern District of North Carolina rejecting bank interest rate preemption because the related non-bank lender was the true lender. The bankruptcy court denied the creditor’s proof of claim because the loan was usurious under North Carolina law and could not be saved because the loan was allegedly initiated by a bank.
Massachusetts Federal Court Complaint for Failure to Offer Permanent Loan Modification (Bank of America)
This is a 2014 federal court complaint against a mortgage servicer for failure to provide a permanent HAMP loan modification even though the homeowner successfully completed the HAMP trial loan modification and where the servicer instead initiated a foreclosure. The case was brought by Culik Law.
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.
Georgia Federal Court Complaint Concerning Zombie Debt (United Asset Management)
West Virginia State Court Complaint for a Predatory Loan and Servicer Refusal to Process Loan Modification (Wells Fargo)
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.
Federal Court Complaint Regarding Servicer’s Refusal to Communicate with Widow (J.P. Morgan Chase)