Monday, September 10, 2007

Summary of Lawsuits Against Foreclosure Rescue Operator Metropolitan Money Store

(original post - 9-7-07)
Recently, I reported in a post that the lawsuit filed by the Attorney General for the District of Columbia against foreclosure rescue operator Metropolitan Money Store and friends was the second lawsuit filed against them. I have since learned that there are currently four lawsuits (or probably what I should say, is that there are four lawsuits that I know of) against them. In addition to the DC Attorney General's suit and the suit filed in a Maryland Federal Court as a class action, two additional cases are currently being litigated (again, at least two that I know of):

1)

Brown and 32 others vs. Fordham, Jackson, Metropolitan Money Store, and 46 others

In this case, a group of 33 Maryland homeowners who did business with Metropolitan Money Store filed suit against it and 48 other parties (including Joy Jackson, Kurt Fordham and a number of straw buyers, loan originators, appraisers, settlement / title insurance agents, title insurance underwriters, and mortgage lenders) on May 30, 2007 in a state court in Prince George's County, Maryland. The plaintiffs have since obtained an injuncton to stop the scheduled foreclosure sales for the 33 plaintiffs' homes; and an Amended Complaint (amending the initial filing) was filed on August 22.

Representing the 33 homeowners in this case is attorney Stan Brown of Largo, Maryland. For a copy of the amended lawsuit, see Brown, et al. vs. Fordham, Jackson, Metropolitan Money Store, et al.
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2)
Winston vs. Daniels, Fordham & Fordham, Metropolitan Money Store et al.

In this case, a District of Columbia homeowner who did business with Metropolitan Money Store filed an 18 count complaint against it and 8 other parties on August 22, 2007 in the District of Columbia Superior Court. Among the counts are alleged violations of:
  • (1) DC consumer protection statutes, (2) DC statutes prohibiting the charging of interest above a certain interest rate (ie. usury, failure to obtain license), (3) Federal racketeering ("RICO") and racketeering conspiracy statutes, (4) Federal consumer lending statutes & regulations (ie. Truth In Lending Act, Home Ownership & Equity Protection Act, Regulation Z), and (5) Real Estate Settlement Procedures Act ("RESPA").

The lawsuit also makes claims of, or requests for:

  • (1) equitable mortgage, (2) fraud, (3) conversion, (4) breach of fiduciary duty, (5) slander of title, (6) unjust enrichment, (7) breach of contract, (8) gross negligence, (9) respondeat superior, (10) declaratory judgment, and (11) quiet title.

Representing the DC homeowner in this case are co-counsels Stan Brown of Largo, Maryland, and Dawn Jackson, with Baylor & Jackson, PLLC, of Washington, D.C.

For a copy of the lawsuit, see Winston vs. Daniels, Fordham & Fordham, Metropolitan Money Store et al.

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Go here for blog posts on, and links to, the other two Metropolitan Money Store cases (that I know of).

For more on equity stripping scams, generally, see DREAMS FORECLOSED: The Rampant Theft of Americans' Homes Through Equity-stripping Foreclosure 'Rescue' Scams (4.61 MB approx.). equitable mortgage yak