Monday, August 10, 2009

Florida Suit Claiming Homeowner Facing Foreclosure Paid Inflated Fees To Reinstate Mortgage Certified As Class Action

In West Palm Beach, Florida, the Palm Beach Post reports:
  • Circuit Judge Thomas Barkdull [Thursday] certified as a class action a lawsuit against an attorney, along with his law firm, who collected foreclosure-related fees from Wells Fargo mortgage holders. The suit was filed by Loren Banner, an electrician from Palm Springs, who claims Plantation attorney David J. Stern charged fees for services he did not perform or that were excessive after Wells Fargo foreclosed on his property and Banner sought to pay what he owed the bank and get his mortgage reinstated.

  • With the case certified as a class action, potentially 2,500 Wells Fargo mortgage holders around Florida who received mortgage reinstatement letters between Jan. 18, 2003 and February 19, 2009, could qualify to be part of the class. Those letters set forth money due to Wells Fargo, including various fees. The ruling was a victory for West Palm Beach attorney Louis Silber, who launched the effort on behalf of Banner in 2007. Silber's lawsuit claims that Banner paid too much to get his mortgage reinstated. [...] Banner paid a host of fees to be able to reinstate his mortgage, which ultimately was reinstated. Those fees included charges for title searches, property inspections, filing fees and Stern's attorney fees.

For more, see Lawsuit against Wells Fargo and Broward attorney certified as class action.