Loan Mod Denials Spark Lawsuits Against Lenders

Loan Mod Denials Spark Lawsuits Against Lenders-Image by Gerard Stolk vers l’Assomption via Flickr

The law firms of Berger & Montague, P.C. and Ann Miller, LLC have filed a Class Action complaint in the United States District Court for the Eastern District of Pennsylvania on behalf of all Pennsylvania homeowners whose mortgage loans have been serviced by Saxon Mortgage Services, Inc. and/or Ocwen Loan Servicing, LLC (“Defendants”), and who, since April 13, 2009, (1) have entered into a Trial Period Plan (“TPP”) contract with Defendants and made all payments as required by their TPP contract and complied with Defendants’ requests for documentation, and (2) have not received or have been denied a permanent Home Affordable Modification Agreement in accord with the U.S. Department of the Treasury’s Home Affordable Modification Program (“HAMP”) rules.

If you believe that you have been improperly denied a permanent loan modification by Saxon Mortgage Services, Inc. or Ocwen Loan Servicing, LLC after April 13, 2009, please contact Plaintiffs’ counsel, Eric Lechtzin of Berger & Montague, P.C., at 888-891-2289 or 215-875-3000, or by e-mail at A copy of the Complaint can be viewed on the firm’s website at or may be requested from the Court. The docket number is 2:11-cv-04586-JP.

The Complaint alleges that Saxon Mortgage Services, Inc. and Ocwen Loan Servicing, LLC agreed to participate in HAMP. They are thus obligated to modify mortgage loans they service for homeowners who qualify under HAMP, a federal program designed to abate the foreclosure crisis by providing mortgage loan modifications to eligible homeowners. The lawsuit alleges that Defendants systematically slow or thwart homeowners’ requests to modify mortgages in order to collect higher fees and interest rates associated with stressed home loans.

Members of the proposed Class applied for HAMP loan modifications from Defendants, were prequalified for the program, and received TPP contracts requiring them to make three modified loan payments and, if they had not already done so, to submit certain financial documentation.. Despite fulfilling these obligations under the TPP contracts with Defendants, they did not receive permanent HAMP modifications of their loans, nor did they receive timely written notifications explaining the reasons for Defendants’ denials.

For more information about this case, please contact:
Todd S. Collins, Esq.
Eric Lechtzin, Esq.
Kimberly A. Walker
1622 Locust Street
Philadelphia, PA 1910
Telephone: 1-888-891-2289 or 215-875-3000

Berger & Montague, founded in 1970, is a pioneer in Class Action litigation. The firm’s 70 attorneys concentrate their practice on complex litigation, including consumer protection, securities fraud, whistleblower and false claims actions; antitrust; labor and employment rights; and environmental violations and mass torts. The firm has recovered billions of dollars for consumers and investors.

Ann Miller, LLC, of Philadelphia, Pennsylvania, specializes in complex civil litigation, class actions and consumer protection litigation.

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Filed under: Real Estate