Mortgage-Related Unfair Practices
How would you feel if a “faulty calculation” caused you to lose your home? The complaint for this class action alleges that that’s what happened to two couples, and many more homeowners, due to Wells Fargo’s denial to them of mortgage loan modifications.
If you ask your mortgage servicer for information, can the servicer refuse to provide it? The complaint for this class action alleges that Wells Fargo Bank, NA violated the Real Estate Settlement Procedures Act (RESPA) when it refused to answer customer Requests for Information (RFIs) and Notices of Error (NOEs).
This is one of a number of class actions filed over recent years that allege that companies have played fast and loose when securitizing mortgages, and then again when executing foreclosures on the residential property covered by those mortgages. The complaint claims that foreclosures were undertaken with fraudulent mortgage assignments and note endorsements, improperly putting people out of their homes and selling those homes to others, without having proper standing or proof of assignment of mortgages.
Interest is owed only until a borrower has paid off a loan, correct? Or do some institutions believe that they can go on collecting interest after that day? The complaint for this class action alleges that Bank of America, NA collects post-payment interest on certain housing loans, and that it should not be doing so.
The complaint for this class action alleges that M&T Bank charges mortgage borrowers illegal Pay-to-Pay fees when they make payments over the telephone. The complaint claims that these fees are illegal, both under federal and state laws. At issue are the federal Fair Debt Collection Practices Act (FDCPA) and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) and the terms of the mortgage contract.
New Penn Financial, LLC, which does business as Shellpoint Mortgage Servicing, has elected to settle a class action on the subject of LPI. LPI, or lender-placed insurance, is hazard, flood, or wind insurance placed on a borrower’s property to protect the value of the property when the borrower’s own policy lapses or when the borrower does not maintain adequate insurance.
When plaintiff Nicholas Parrino had family medical problems and was no longer able to pay his mortgage, he decided to arrange a short sale to limit his losses. Although he found a buyer, he claims that Nationstar Mortgage, LLC and Xome, Inc. prevented him from selling by requiring that he participate in a program that made the sale impossible. In this class action, he and another plaintiff with a similar experience sue the two companies.
When a bank’s mortgage contract says that a borrower will not incur any prepayment penalty if they pay the loan off early, what does that include? Is a transfer fee a penalty? The complaint for this class action says it is and claims that JPMorgan Chase Bank, NA violates its own mortgage contracts by charging this fee when a mortgage is refinanced.
The Electronic Funds Transfer Act (EFTA) governs preauthorized transfers from bank accounts. The complaint for this class action claims that Nationstar Mortgage, LLC, which does business now as Mr. Cooper, violated both EFTA and the Real Estate Settlement Procedures Act (RESPA) in its incorrect handling of preauthorized mortgage payments from customer accounts.
The complaint for this class action alleges that Freedom Mortgage Corporation charges borrowers who default for unnecessary property inspections. The complaint alleges that this violates the mortgage agreements, which only allow for fees for services that are “reasonable and appropriate.”