Pleadings and Discovery

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.   

Complaint filed Dec. 17, 2021,  E.D. Va. by Kristi Kelly. 

TILA  §1641(g) class claim against United on behalf of class of all consumers with loans assigned to United in past year who did not receive §1641(g) notice.  FDCPA claims under §§1692e & f  for foreclosing and claiming interest and fees not owed.  Contractual cure notice stated incorrect cure amount.  Breach of contract claim based on non-compliance with condition precedent (service of accurate notice) required by deed of trust.

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.

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