Caldwell Banker Mortgage messes with the wrong Soldier and gets SHOT DOWN IN FLAMES WITH 20 MILLION DOLLAR JUDGEMENT


Caldwell Banker Mortgage messes with the wrong Soldier and gets SHOT DOWN IN FLAMES WITH 20 MILLION DOLLAR JUDGMENT.

Yesterday, March 23, 2011, 2:00:28 PM | Foreclosure Defense Attorney Steve VondranGo to full article

OUCH – BANKS MESSES WITH SOLDIER AND LOSES AT TRIAL!  CAN’T A SOLDIER GET A LITTLE RESPECT HERE?

THE CASE IS 4:09-CV-00146-CDL, FILED IN UNITED STATES DISTRICT COURT IN GEORGIA.  ATTORNEY (WINNER) IS CHARLIE GOWER.  CASE FILED 12/1/09.

FINAL VERDICT: 1,000,000 IN EMOTIONAL DISTRESS DAMAGES / $350,000 IN ATTORNEY FEES / $20,000,000 IN PUNITIVE DAMAGES (WOW).

CAUSES OF ACTION ALLEGED (AND SUCCESSFULLY PROVEN): 1. RESPA 2. BREACH OF CONTRACT AND 3. NEGLIGENCE

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Military.com reports a 20 million dollar SHOT TO THE HEART of PHH Mortgage for imporperly messing with Soldier’s Credit Report.

Another amazing tale of lender arrogance and failure to follow the law.  This time, the culprit is PHH Mortgage (DBA Coldwell Banker Mortgage).  The story is old, common, typical and simple to understand.  Soldier buys a house and gets hooked up on automatic payment system.  Payments are kept current.  Later, lender claims payments are late, and soldier is forced to clear up his name and to try to contact the servicer to fix the error.  Of course, there is little help offered and lots of hold time with customer servicer.  Eventually, negative credit is reported against the soldier.  Amazing?  Yeah.

So after several go-rounds to fix the problem, the guy gets tired of it, hires a lawyer, and files a lawsuit.  Lender of course is arrogant, denies all wrongdoing and takes the case to jury trial.  End result – Verdict for Plaintiff, and 20 million dollar punitive damage award against Coldwell Banker.  When will these companies get it right and start treating people like human beings?

Just another tale from the foreclosure pit.

6 Responses

  1. no difference between a soldier and any other person.

  2. Bill Sloan, foreclosure defense attorney in SOuth carolina. TO this point, Ihave only defended cases. This is interesting. Maybe I should represent Plaintiffs too

  3. Louise – the servicer in all likelihood isn’t a debt collector as defined by the FDCPA.

  4. The servicers, who are debt collectors, operate outside the law. The servicers do not give the employees the information about the debt collecting laws such as the Fair Debt Collections Practices Act. The employee only knows he must collect debt, because he gets a percentage or commission. Consequently, more bad behavior occurs. Servicers need to be bankrupted. Burmese8@yahoo.com

  5. What is impressive about this case is that there was no foreclosure, the house was not taken away and sold (as is the typical set of events), yet nonetheless the Jury got irritated by the bad conduct of PHH Mortgage and seriously whacked them.

    Being a Serviceman helped. PHH abusing the family of an active-duty soldier did not sit well with the Jury. And finally, being in the Deep South was a factor. All said, a fine Judgment, although it likely is going to be reduced by Motion for Remitteur.

    Do you think PHH has learned a lesson from this? Nope. No chance. They will not stop until they are forced into the bankruptcy courts by an avalanche of Judgements. The reason: they hire very low-grade personnel because they see this as a cost-saver. Low-grade personnel will continue to behave badly; they have no investment in the success of the enterprise. So just sue the bums.

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