Class Action Complaint Filed Against EMC Mortgage and Bear Stearns for Loan Mod Breach
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Class Action Complaint Filed Against EMC Mortgage and Bear Stearns for Loan Mod Breach

January 11, 2011

Keller Rohrback LLP has announced that a class action has been filed in the United States District Court for the Eastern District of Washington on behalf of all mortgagors in the State of Washington whose home mortgage loans are serviced by EMC Mortgage Corporation and who (a) have attempted to obtain loan modifications of their loan terms from EMC; and (b) have made payments pursuant to a "Repayment Agreement," a Home Affordable Modification Program (HAMP) trial modification plan, or any other temporary modification plan.
The complaint alleges, among other things, that the defendants: Engaged in bad faith as to home mortgage loan modification negotiations; led mortgagors to reasonably believe and rely on defendants' representations that they would permanently modify their mortgage loans upon successful completion of "Repayment Agreements" or other trial programs; charged unreasonable, unlawful or excessive fees; failed to properly disclose and/or concealed fees and other charges; failed to provide to mortgagors a proper or comprehensible accounting of fees, payments, credits, arrearages, and amounts owed; improperly or under-applied mortgage payments to accounts; and breached "Repayment Agreements" or other trial modification program contracts or promises. The complaint has been filed pursuant to the Washington Consumer Protection Act and contains additional claims for breach of contract, breach of the duty of good faith and fair dealing, promissory estoppel, and unjust enrichment.
Keller Rohrback is also investigating the following mortgage loan servicers regarding mortgage loan modifications in Washington and elsewhere:
American Home Mortgage Servicing Inc.
Aurora Loan Services LLC
Citimortgage Inc.
GMAC Mortgage Inc.
JPMorgan Chase Bank NA
Litton Loan Servicing LP
Nationstar Mortgage LLC
OneWest Bank
SunTrust Mortgage Inc.
For more information, visit www.kellerrohrback.com.

Compliance, Servicing