Class Action filed against mortgage companies and foreclosure attorneys; Seeking return of homes and punitive damages...

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New York-based attorney Susan Chana Lask has filed a federal class action complaint on behalf of tens of thousands of New York State homeowners who lost their homes to an alleged foreclosure fraud orchestrated for years by a New York "foreclosure mill" attorney and major mortgage companies.

The case is filed in the US District Court, Eastern District of New York, entitled "Connie Campbell against Steven Baum, MERSCORP Inc., et al.", Case #10CV3800.

It alleges violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), Real Estate Settlement Procedures Act (RESPA) and the Fair Debt Collection Practices Act, and that homeowners paid inflated foreclosure and other fees fictionalized by Baum who profited from the scheme since 2005.

The action seeks to return tens of thousands of foreclosed homes to their owners or the values thereof and hundreds of millions in punitive damages against Baum, MERSCORP and HSBC. READ MORE...

Also see: Homeowner asks HSBC: "Who is MERS? What the Heck is Going on here?" 

Class Action Amended Against Merscorp to Include Shareholders, Djsp


Kenneth Eric Trent, P.A. of Broward County Florida has amended the Class Action complaint Figueroa v. MERSCORP, Inc. et al filed on July 26, 2010 in the Southern District of Florida.

Now Included in the amended complaint;
MERS shareholders HSBC, JPMorgan Chase & Co., Wells Fargo & Company, AIG, Fannie Mae, Freddie Mac, WAMU, Countrywide, GMAC, Guaranty Bank, Merrill Lynch, Mortgage Bankers Association (MBA), Norwest, Bank of America, Everhome, American Land Title, First American Title, Corinthian Mtg, MGIC Investor Svc, Nationwide Advantage, Stewart Title,  CRE Finance Council f/k/a Commercial Mortgage Securities Association, Suntrust Mortgage,  CCO Mortgage Corporation, PMI Mortgage Insurance Company, Wells Fargo and also DJS Processing which is owned by David J. Stern.

Find more info on mortgage servicing and wrongful foreclosures by reading a few earlier blogs.


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It is about time someone is doing something about this charade. It looks like no one else will do it. It's our turn to get a bail outl. Our turn for a break. They took our money and profited off of it. Pay us back our rightfully deserved money. Give people back their homes.

Waiting for an attorney in PA to do the same...
Everhome Mortgage is the servicer on my now foreclosed home.

I would get a lawyer right AFTER you file formal complaints with the FTC and AG offices. If you are saying your foreclosure came about due to their banking errors, make sure you check your credit reports and have them remove any inacuracies they reported in error.but you may need to find a lawyer to make them do it. also ask them to provide you with your balance in writing and make sure they have corrected any math problems with your escrow accounting. if they haven't destroyed your credit yet, they just might do so and then you are bound to them.

I would like to find out how to see if I can join the clsss action lawsuit.

Jack - the foreclosure came about due to their error. I have it in writing. Funny thing is, the foreclosure has been delayed three times. Maybe from all my complaints? They now want me to move back in the home for a "possible" modification. How gracious of them now, after I pursued the matter for months. I can not afford an attorney - I have talked to a few but they seem to think I have no case here?! I can only hope that some action will eventually come about to make them accountable for their mistake. Thanks.

How do you join a class action suit against HSBC Mortgage, we were told wrong information on a daily basis. I never missed a house payment for 4 1/2 years and one day this guy shows up on the porch with foreclosure papers. Can you help?

I would like some information on joining the classaction lawsuit. I reside in Michigan and have problems with Chase Bamk. Can you help. Thank you for your time.

hey dave i,m having the same problem. do you know anything that can help

foreclosed on because of their bad record keeping. gonna fight till the end!

Everhome Mortgage has been nothing short of "HORRIBLE" since the day they purchased my mortgage, several years ago. They have given me the run around for almost a year now about approving my loan modification. I submitted my modification thru the NACA corporation with no results to date. NACA states that I qualify for the loan mod, but Everhome keeps telling me that I'm denied because of missing paperwork. I recently filed several complaints against them with the FTC, BBB and HUD. As I have been reading this blog and others, I am noticing a pattern of complaints we all share against Everhome. It seems we are all going through the same situations with them. Everhome even had the locks changed on my home while I was out of town a couple of weeks having surgery. WTF! I have even noticed several fraudulent documents recorded on my property by Everhome as well. Does anyone know of a Class action lawsuit against Everhome Mortgage pertaining to mortgage loan servicing or fraud I can join? I see They will attempt anything to Foreclose on your home. I'm tired of playing around with them. It is time to put there fraud to a stop. I live in South Carolina. Thanks!!!

I am interested in filing a class action lawsuit or of in need of knowing if there is one against HSBC Mortgage Services. I am on an adjustable rate mortgage. What the issue is is that I have applied for load modification in the past with HSBC and were approved, but the modifications are on for 6mos, nothing long term. I am struggling making the payments, and want to prevent foreclosure. I was advised today that I am only allowed one more modication approval, and after that none will be available till 2014. I am lost for words my current payment right now 1227.00 oppose to 969.00 which is what it used to be.

i have an arm with HSBC was doing direct payments from my account, when my arm jumped 3.9 points i called and asked to get out of the arm. they was going to let me, but the same month my payment was a day late. how can i be late when i was making two payments a month. and that i would have to go six more months with out a missed payment. Then i got layoff. and asked to get a deferment. they gave me 3 months and after i had to pay all three at once. made me late by three months. now my wife and i have filled chapter 13. thanks for killing any chance of fixing that.

I have a mortgage with HSB.It is not what my wife and I asked for,we asked for a 30 year fix,but got a 20 year one.At the closeing we where about to walk out when the maniger came in and begane to prech us in to signning it.We used there attorny,he did not give us time or explain what we wher geting in to.The maniger told us that our payment was only going up $90.00,but it whent up $300.00.We have been told by our attorney that what they did was not elgal,but unethical.This could be come a class action lawsuit.But we need help in doing this be for we lose uor home.You can contacd use at

I need some help with regard to Everhome mortgage. They purchased my mortgage a few years ago and now have me in foreclosure. Over the past few years my mortgage has more than doubled what it initially was. It is a fixed rate mortgage at 7 3/4%. Every year for the past 5 years they say my escrow is "short" and they want thousands to "fix" the short. Why when they first realized the "short" in the escrow was it not fixed. I have gone from a 1350.00 mortgage (0nly owe 106,000 on a 575,000 home) and the payments have been as high as $2600.00. I eventually fell behind and when I was three months behind I called them wanting to pay the three months in full. They denied me and told me they contacted a lawyer that day. I asked if there was ANYTHING I could do and was told no. I immediately called the attorney and was told I would be in the system for another 4-6 weeks. I told the attorney's office I wanted to make the loan current and they told me I would be able to do that only when the "additional" fees were added. I didn't understand why there were "additional lawyer fees" since I wasn't even in the system. Every day I was told to "wait". I finally got a letter from an attorney in NY and he wanted an additional $12,000 in payments for the forclosure. I immediately got my own attorney and when they went to the courthouse the papers regarding the foreclosure weren't even filed yet they were charging me for it. My attorney is very sick, I have tried to get a modification (which I don't think ANYONE gets approved for) and have constantly been denied. They will, however, allow me to start paying my 106,000 mortgage at the 73/4 rate eventhough they say I "can't" afford a modification. If I pay for three months I was told I would officially be in a "modification program" This is CRAZY because they haven't modified ANYTHING. What can I do. My 85 year old father owns and lives in the home with me and I am sick with worry. Help to any one that is able to assist me.. Thanks!

Same story for me with Everhome trying to foreclose when mortgage almost paid and money being lost. Last January balance was 4,238 - I have paid 6,900 (balance still 800.00 plus they added 5,100 for corporate advance -while over 2,500 of my money has disappeared. ..spoke with HUD they claim there is no problem with them. Send me email and I will send you copy of suit I filed to edit. They took over my loasn in May 2006 and also increased my payments for no reason. Lied telling me taxes had increased but called MD tax office 220. was only increase; then told me insurance,but State Farm never increased either; Everhome still went up, especially after they found out I was disabled and had lost my job and income had decreased. Don't take their word for anything and they won't put much in writing to you to protect themselves and I filed complaints against them and they literally stopped sending me mail. FLBBB has an email address for Everhome, and you should file a complaint with them HUD, your atty. gen., Congress, FTC, the press. I contacted many of these. While they were threatening foreclosure and sending me letters they they were selling my house, I called the courthouse in Upper Marlboro, MD, and they had no papers from them, but they did send default papers and they can foreclose. Call your courthouse and send all of your payments before they do this or you will have to pay their lawyers. These people are crooks and they do not like people to question them. You need to protect yourself and your home from Everhome since none of these people are there for you. You have to stand up and fight since they have stolen a lot homes and money.

301-772-1551 - Tbere are people who are trying to help each other with this problem - no authorities unless you know anyone - have your taxes or insurance increased by such a large amount? Everhome took over in May 2006 - refuse full payment and escrow history (always got from Waterfield but not ever since 2006). Waterfield only charged me exactly what taxes and insurance is 3,000 - Everhome wants over 5,000 (invisible escrow and claimed they put 1300 in my escrow and never want my escrow under 1300 (after this claim escrow -1500 just because they lied about taxes and insurance and they just wanted to try force me into foreclosure and charge me so many many extra illegal fees. Home should have been paid for last year plus 362.00 - 4600 paid 2,000 principal, rest disappeared with no sign; still 2200 balance (Everhome math) - sent 2300 - balance is not 805.00 - rest of money disappeared into invisible escrow and since last February Everhome charges me 45.00 month late fees (still today), keep having people write and call me to see if I still live here and charge me, and now added 5,100 (corporate advance another paper showed this fee as much less), these people are dangerous.

Send everything via email sent before). Send payments via Western Union, then scan and email proof of payment.

A Government Accountability Office report in June of this year found that servicers were improperly denying permanent modifications to homeowners because, they were inaccurately applying a formula used to determine if the value of modifying the mortgage was greater than the proceeds from foreclosing.

My husband and I financed our home thru HSBC, when our business failed and we could not make our payments we tried to do a short sale (2X) both times it was rejected. HSBC foreclosed our house and put it for auction on the court house steps. We were contacted and told there were no bids so the bank bought our house for 100 dollars.
In other words they stole our house and got away with it.

I would like to get into the law suit.They foreclosed on my house, I had to pay 6000.00 in order to stop the foreclosure. After that they still wanted more money.

We were foreclosed on in 2009 by HSBC. I recently heard about a class action suit against this mortgage company and several others, that have been encouraged by the government. Unfortunately, I can't remember all the details but I think we may possibly qualify for this. Could you please share information you have pertaining to this? I would like to know if this in any way may include me. Thank you~

Count me in they did it to back in 2006-2010 time period.

they ripped me off on my escow and modded my loan without telling me and i have been fighting them but the foreclosed fri may 25. Please help me i live in pascagoula ms. 39581

Harley, Did you find out if there was a class action suite agaist HSBC If so I would like information so I can file. HSBC is full of JOKES!

My mortgage was sold to Everhome a few years back. Within the first 6 months and delinquent notices every month, I had to finally hire an attorney. My payments were taken out of my checking the 1st and 15th of each and every month. Once the attorney sent the letter and my notes, Everhome sent me a check for $300+.

I have been trying for a year now to get a modification due to change in job environment. They have strung me along the whole time with delinquencies piling up each month until the only way I could get a mod was to give them $1,000 because of the delinquencies. The last mod program they offered me started in Feb 2012 and it took until June 2012 before I was approved and then at the last minute the $1,000 contribution.
I just received a letter from them telling me I am now denied the mod due to my not providing necessary doc's from months ago. They received everything they asked for and I called to verify receipt each time.

Question: If I had not provided them with doc's they needed, why was I approved at the last hour And when I couldn't come up with the $1,000 all of a sudden there were doc's from months ago they say I didn't provide.

I can't afford an attorney this time, but I have filed a complaint with the Consumer Financial Protection Agency and the Ohio Attorney General Office.

update, lost my home but still looking to cont the fight, i cant find a lawyer in michgan, if anyone knows of a class action in michgan against nationwide advatage mort please email me @

I am curious as to whether anyone has filed the papers for the foreclosure review? Has anyone received results?

April - lost my home also. Curious as to whether you filed foreclosure review forms. Any result?
Thanks. Good luck.

I have my mortgage with HSBC that was arbitrarily given to them in 2007 by my prior mortgage company. I had always pay on time until my husband lost his job in 2009 and I was granted a temporariy modification for just $100 less in my mortage. After that year, things were going bad in the market; however my husband got a job and we decided to add more living space to the house since my children were growing and got into a second mortage loan with another bank. Years went by and living expenses became a caos. I then filed Chapter 7 in 2010, changed job and got into a part time job in order to cover the expenses. I got rid of my second mortage loan(2012); however since I had Federal Student Loans($67000.00) and HSBC had never granted me with an escrow account and not able to pay my property taxes $8,000.00, I fell behind 3 months mortage payment. I had been requesting since Nov. 2011 a loan modidification but they always have an excuse that some documents are missing. Meaning that every month that I was sending updated information, the next week they send me a letter asking me for the same documentation I had sent them already. This is a routine that still pending till today's date. I am now behind 90 days and consulted HUD for assistance looking forward for that expected modification. Why is it that HSBC is so hard for their clients?

I have a mortage with hfc, the is now upside down by over $100K with an unreasonable interest rate. I believe this falls into the predatory lending act, but I'm not sure. I was also told that there is a class action suit against HFC for predatory lending, but I can't seem to find any information for the state of MD. If there is one, how do I become part of that suit or if there isn't one how is one started? Thanks

I received a HAMP from Everhome in 2009 after the co-borrower walked away. I did everything I was supposed to do; got hung up in Underwriting. All the time I was sending in modfied payments they were being held in suspsense account; not sure they were being applied to my loan once it equalled a full payment (as per guidelines) but if it was they were not updating my credit. 3 months after completed they are still reporting me as 11k past due (not possible if they were applying once payment equalled a full payment) and 180 days delinquent(also not possible). I went from 7.5 % lease to a 22% purchse of used car once I had to hand it in. I struggled with the 177.00 increase in payments; it was repossessed; the whole rear axle was damaged; I was able to redeem it before I knew of the damage. I now have a redeemed repo on my credit with a diminished value vehicle that I am not even halfway paid on.
EMC refused in writing to update my credit retroactive back to 1s of month following Trail Period; continued to verify negative information to bureaus.
I then request my documents under RESPA rights; I find out they added the co-borrowers name to the already notarized Acknowledgment Page- making that document illegal. Any excuse or lie trying to convince me it is legal. Typo; scrivenors error. Finally they admitted to CFPB they did alter it; "but it did no harm". It is a felony in Fla to do that; and a criminal act to knowingly file it as legal; and mortgage fraud to collect stimulus monies.
They lowered the target escrow amount of my modification one year and then raised it over 200.00 for this year. They do not have the right to alter that modification- which is now worthless.
I have contacted AG of both NJ and Fla; Dept Justice; Dept Treasury; HUD; Hamp helpline (which is worthless); Freddie Mac (who hung up on me- they own my loan) CFPB (who closed the case despite having an admission from EMC); FBI (in both NJ and NY); FHFA (who was not happy to receive my letter); my Senator; and now my Congressman, who has indicated they will open a Congressional investigation.
I have 2 RESPA violations that lasted a year; violation of FCRA, RESPA, Section 6; FDCP and many other state and federal laws broken.
Posted on HUD website "Obama Administration says the banks/servicers need to be held accountable if they broke state and federal laws".

EMC has ruined me for years to come. Had they reported my credit correctly I probably could have recouped what the co-borrower did in a year or two and sold and moved. Now I am stuck with a 22% interest rate on a car that is upside down and paying on a co borrowers loan.

HI Densie, my name is camisha i live in tuscaloosa,al. I too was a victim from everhome. I was treated unfairly, and also lied to resulting in foreclosure.I would like to get in on the class action law suit.I would like to know what i need to do.Also who is the best lawyer to contact.

I am looking for a class action lawsuit against everhome morgage is there anybody that knows where to join one? They are trying to steal my house after 23 years of punctual payments. thanks

Hi There, I read your comment about Everhome mort. I too had them change locks and turn my water off. I wasn't even over 2mos behind and in one instance I was only 4 days past due and they shut my water off.

My mortgage too was purchased by them a few months ago, and I have had nothing but problems. Were you able to find any class action lawsuits? Any help would be appreciated.


Count me in on any class actions against Everhome Mortgage Co. It has been a nightmare dealing with them. Please provide me with any information to move forward. Thanks!

Read this here is names that show fraud. Their They Falsify Documents Falsify Documents when they filled Corporate Assignment of Mortgage

One thing that was made very clear to me from the moment I ever thought of stepping foot in the courtroom was that you never…ever lie. Now that’s not a problem for me or most because not lying to the court is wrapped right up there tightly with the respect and most admiration have for judges and the court.

Foreclosure Fraud- Total Disregard For Courts, Judges And The Rule of Law

The lack of respect for the court and for our system of laws is one of the things that makes me just furious about the Foreclosure Fraud Fight many of us are currently engaged in. So our system of laws and respect for judges and the courts has broken down so badly that the Supreme Court has to pass a rule, requiring parties to specifically swear to the truthfulness of what they’re filing….oh and even after the rule is passed, the lying wrongdoers just ignore the Rule…and there apparently aren’t any consequences…..anyway, I digress…it’s just that I’m blown away that the fraud and lying has become so widespread.

An Average Joe With a Bombshell Set of Documents

So with that as the backstory, let me get to the heart of this stinking story. Aim not attorney or someone with any legal training, but a bright guy with a head on his shoulders who just happened to be getting foreclosed on by HSBC. First of all my closing document (TRI-COUNTY TITLE AGENC.INC.) says Sept.07 2004, they’re say Nov.24, 2004. The amount of the Mortgage is $266,500.00 they’re is $253,175.00. Mortgage is Decision One Mortgage Company see attach document . I thought that was strange because he never borrowed any money from HSBC and didn’t know who they were. I didn’t just roll over when they sued me, I demanded they show me proof that they were entitled to sue him, so they filed an Corporate Assignment of Mortgage. Hang with me here because now’s when the story gets good. The Corporate Assignment of Mortgage that allegedly gave HSBC the legal right to sue me looked suspicious to me so i started calling around….I called HSBC.

Turns out the woman who signed the Corporate Assignment of Mortgage which purported to give HSBC the right to sue me was signed by…….an employee of HSBC, Gail Ferrari. Not only that, but the witnesses and Notary Public… Christoper Ribbeck all of them are employees of HSBC. So just so we’re clear here…HSBC executed the document they later submitted to the court which they claim gives them the right to sue me. Now this would be bad enough if it happened just once, but as i started digging around in courthouses across the country i started finding more and more such questionable assignments. See attach document

I’ve attached a sampling of these questionable assignments here…look closely at each of them. Gail Ferrari, Christopher Ribbeck. Scroll through each of the Assignments and look at the names, look how they switch from witnesses to Vice President. Compare each of the alleged signatures against one another….don’t they appear different? Next look at the names these questionable assignments are being executed on behalf of…. , Accredited Home Lenders, Decision One Mortgage, Ameritrust Mortgage and many other Mortgage Company ..who knows who actually holds the note in each of these cases, my guess is they just pulled the name off the mortgage and just popped that into the old word processor.

And look who else is part of this whole questionable party…..our old friend MERS. Whom has no employee’s.

I wonder whether any of the lenders on whose behalf these mortgages were allegedly assigned actually granted the signers the power to assign these mortgages?
I wonder whether MERS granted these signers the authority to sign these documents?
I wonder whether the Federal Bankruptcy Trustee granted authority for these signers to transfer bankruptcy estate property for those lenders that were in bankruptcy when these alleged transfers occurred?
I wonder just how many more assignments there are like this out there floating around?
I wonder how many families have already lost their homes or who will lose their homes based on Assignments that are so questionable on their face? (I mean, the documents say, “Prepared by HSBC” on their face…isn’t that enough to make anyone say…..HOLD IT!”)
Anyway, for all you out there who are being sued by HSBC….take a close look at your assignments….for all you attorneys out there….pull through your files and have a close look. For all you pro se advocates out there…let this be an example of the game changing, bombshell work that you can do and the massive contributions you can make to the fight against Foreclosure Fraud. Keep digging, Keep Fighting.

And maybe Average Joe…. maybe the ball you’ve started rolling will end up like the federal investigation of the HSBC Mortgage Service Inc.!

I guess if you work for HSBC Mortgage Service Inc. your job title is Vise President an Notary and a Witness wend on your Off days a Assistant Secretary. What is going on.

Roger J. Rogers

i had a mortgage with hsbc i believed they were working for the house was forclosed on in november of 2010 and they turned around a sold the house w/in a month...i din't know what to do the remodifications were always getting lost...and finally i couldn't keep up with the outragous payments.....i cried for two years until i couldn'y cry anymore and the president repayment program was so overwhelmed...i wrote to the whitehouse but nothing if there's a class action suit count me in....HSBC HAS to pay for the wrong ....i lived at my job for 2yrs....what a blow that did to myself worth,but my god will provide a better house.

HSBC made me jump through hoop after hoop. First they would not modify my loan, then said they would only do it for 6 months and then it would resume the high interest. I set up a short sale of the residence following their instructions and they refused it. The offer was fair market value. They said the would take a in deed of liu or something like that. The paperwork was started and when the lien against the residence was lifted after being paid (it was my ex-wifes and I ended up paying it) they refused to do the in lie of deed. Then they turned around and purchased the home on the court house steps never notified me, and as of today I have not got any information on the difference owed. They did however added up all the interest, late fees, and other fees and attached them to the original value of the house. Still waiting to see what they are going to do as well as if they decide to send a 1099 for tax purposes. HSBC is Chinese owned and operated and they will not help with reduced interests longer than 6 months. Several attorneys I spoke with all said there was not much that could be done with HSBC.

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