Cases
Below are examples of decisions in cases Steve has h
led: McGee, et al v. JPMorgan Chase Bank, NA, 520 Fed.Appx. 829 (11th Cir. 2013) (affirming dismissal of mass action against loan originator in connection with alleged misrepresentations in the loan application process of borrowers in a condominium development)
Coleman v. Chase Home Finance, LLC, 2011 WL 2688998 (3rd Cir. July 12, 2011) (affirming 2009 WL 3806417) (D.N.J. Nov. 10, 2009) (affirming dismissal of class action consumer fraud
related claims against lender for allegedly excessive foreclosure attorneys' fees, costs
post-judgment interest)
Gordon, et al v. Chase Home Finance, LLC, et al, 2013 WL 436445 (M.D. Fla. Feb. 5, 2013) (denying plaintiffs' motion for certification of national classes of borrowers with lender-placed flood insurance who alleged unauthorized payments of commissions to a loan servicer's affiliate
that the loan servicer required the borrowers to maintain excessive insurance coverage amounts)
Tucker, et al. v. JPMorgan Chase Bank, et al., 2011 WL 280962 (D. Nev. Jan. 25, 2011) (dismissing class action against lender, servicers,
trustees for alleged failure to comply with HAMP loan modification guidelines)
Quezada v. Loan Center of California, et al., 2009 WL 5113506 (E.D. Cal. Dec. 18, 2009) (denying class certification of alleged common law
state consumer fraud claims brought against former loan assignee relating to option ARM loan disclosures)
Gillespie v. Chase Home Finance, LLC, 2009 WL 4061428 (N.D. Ind. Nov. 20, 2009) (dismissing class action claims under the FDCPA against loan servicer)
Biggins, et al., v. Wells Fargo & Company, et al., 2009 WL 2246199 (N.D. Cal. July 27, 2009) (dismissing class action claims against lender that purchased failed institution's loans from FDIC on basis that lender did not assume alleged liabilities under purchase
assumption agreement)
Webb, et al. v. Chase Manhattan Mortgage Corporation, 2008 WL 2230696 (S.D. Ohio May 28, 2008) (granting summary judgment against putative class plaintiffs on RESPA
related state law claims for allegedly improper application of funds
escrow administration
charging excessive force-placed hazard insurance premiums)
Barrows v. Chase Manhattan Mortgage Corporation, et al . , 465 F.Supp2d 347 (D. N.J. 2006) (dismissing class action consumer fraud claims against lender based on lack of st
ing)
Chow v. AEGIS Mortgage Corporation, et al., 2005 WL 1750392 (N.D. Ill July 6, 2005) (trial judgment in favor of lender on TILA
consumer fraud claims)
Fitts v. Chase Manhattan Mortgage Corporation, 2006 WL 34322296 (N.J. Super. A.D. Nov. 30, 2006) (affirming dismissal of state consumer fraud class action against lender alleging excessive foreclosure
bankruptcy attorneys' fees
costs)
In re Intercorp International, Ltd., 309 B.R. 686 (Bankr. S.D. N.Y. 2004) (sanctioning debtor, its principal, attorney,
attorney's firm for filing bad faith bankruptcy petition to avoid imposition of foreclosure judgment following trial contested on basis that loan servicer lacked st
ing to foreclose
that California's security first rule had been violated)
Louis Fink Realty Trust v. Harrison, et al . , 2003 WL 22595555 (S.D. N.Y. Nov. 7, 2003) (dismissing class action against lender, affiliated entities,
officers for claims arising under RESPA, FDCPA, Bank Holding Company Act,
Gramm-Leach-Bliley Act)
Stein v. JP Morgan Chase Bank, 279 F.Supp.2d 286 (S.D. N.Y. Aug. 27, 2003) (dismissing TILA class action arising out of interest rate calculation for home equity lines of credit)
Ploog v. HomeSide Lending, Inc., 2001 WL 1155288 (N.D. Ill. Sept 28, 2001) (denying class certification in a RESPA class action)
