Foreclosure

DOJ Sues Foreclosure Trustee for Illegally Foreclosing on Homes of Servicemembers

On November 9, the Department of Justice (“DOJ”) annou​nced its lawsuit against a foreclosure trustee for wrongfully foreclosing on at least twenty-eight servicemembers in violation of the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. § 3953. The SCRA prohibits foreclosure on the home of a servicemember during active military service…

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Arizona AG Obtains Judgment and Injunction Against Mortgage Relief Operation

On July 27, 2017, the Arizona Attorney General’s Office (Arizona AG) announced that it had obtained a judgment​ against an allegedly fraudulent mortgage relief company and its owner.  The company is alleged to have targeted homeowners who were considering defaulting on “upside down” mortgages.  The company purportedly promised to take over…

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Four Businesses Settle Claims with New Jersey AG Relating to Surplus Foreclosure Funds

On October 15, 2015, the New Jersey Attorney General announced ​that the New Jersey of Division of Consumer Affairs reached settlements with three companies and one individual to resolve allegations that the businesses falsely represented they were needed to help consumers obtain “surplus funds” remaining after a property foreclosure sale.  “Surplus funds” are funds…

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New York AG Secures $417,500 Settlement from Mortgage Rescue Service Providers

​On September 18, the New York Attorney General announced that it had reached a settlement with a title company, mortgage broker, disbarred attorney and others, stemming from allegations that they had operated a mortgage foreclosure rescue scam.  The announcement alleged that the foreclosure relief providers told homeowners that they could refinance…

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Mortgage Services Company To Pay $167,000 to Maryland Residents For Allegedly Unlawful Lockouts

On August 28, 2015, the Maryland Attorney General announced that it reached a settlement with an Ohio-based mortgage field-services company to resolve allegations that the company wrongfully locked Maryland residents out of their homes and took or damaged personal property.  The company contracts with lenders and mortgage servicers to provide services related to inspecting,…

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Pennsylvania Attorney General Announces Settlement with Mortgage Loan Modification Companies

On July 13, 2015, Pennsylvania Attorney General Kathleen G. Kane announced a settlement with two Philadelphia-based mortgage loan modification companies following an investigation by the states’ Bureau of Consumer Protection.  According to the Attorney General’s announcement, the Bureau initiated the investigation as a result of consumer complaints filed against the companies for,…

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MI Attorney General Files Criminal Charges Alleging Fake Loan Modification Scheme

On May 22, 2015, the Michigan Attorney General (“AG”) and its Homeowner Protection Unit filed charges in Oakland County’s 48th District Court against a Michigan mortgage company and its owner alleging that the owner and mortgage company engaged in a scheme to defraud borrowers by promising to modify mortgages for…

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New York AG Obtains Default Judgment Against Two Law Firms for Mortgage Rescue Scheme

On May 13, New York Attorney General Eric T. Schneiderman annouced that the AG obtained default judgment against Brooklyn and Florida Law Firms and the firms’ principal attorney for participating in a fraudulent mortgage rescue scheme. The AG’s petition alleged that, directly and through their third-party marketers, the firms collected…

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New York State Judge Holds No Cause of Action for Failing to File Foreclosure Papers in Court

New York Supreme Court Justice John Michalski dismissed a suit brought by the New York Attorney General against HSBC Bank USA, alleging that HSBC failed to file Requests for Judicial Intervention along with their proof of service in foreclosure actions. In New York, Requests for Judicial Intervention entitle homeowners facing…

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