A lawsuit can not only achieve justice for you, but it can help put an end to a company’s illegal actions and prevent others from suffering the same harm.
Steven and Ruth Mitchell, et al. v. Residential Funding Corporation, et al.
WRRSV represented Missouri borrowers who were charged unlawful fees and interest on their second mortgage loans by various lenders in violation of the Missouri Second Mortgage Loan Act. After a month long jury trial, the jury rendered a verdict of $104,124,494.00 for the Plaintiffs. The case was appealed and the liability aspects of the verdict were affirmed, but not the award of punitive damages. The case was settled before the retrial of the punitive damages aspect. The jury’s initial decision and the subsequent appellate decision dramatically increased the chance that predatory lenders would be brought to justice. This case paved the way for other highly successful second mortgage class action cases.
Steven and Ruth Mitchell, et al. v. Residential Funding Corporation, et al. (Appeal)
The Court of Appeals opined that lenders and their assignees who either directly or indirectly charged, contracted, or received illegal fees and/or interest shall be held accountable for their conduct. This case served as a small but powerful indictment of the excesses of the mortgage lending industry that exemplifies profit over people and has brought our national economy to the brink of disaster. This decision helped to reform the behavior of the mortgage lending industry’s insatiable appetite for profit at the expense of Missouri citizens.
Steven and Ruth Mitchell, et al. v. Residential Funding Corporation, et al. (Retrial)
Prior to retrial, this case settled. RFC agreed to pay $14.5 million to resolve the claims for punitive damages for borrowers whose loans were purchased by, assigned to or serviced by RFC. This settlement was in addition to the $9,415,339.93 of compensatory damages and interest recovered from RFC by the Plaintiffs previously.
Mitchell v. Wells Fargo Bank, N.A., Wachovia Equity Servicing LLC, The Money Store LLC and HomeEq Servicing Corp.
Wells Fargo Bank (formerly known as Wachovia Equity Servicing and The Money Store) agreed to pay $5 million to resolve claims for punitive damages asserted by borrowers whose loans were purchased by, assigned to or serviced by Wells Fargo.
Mitchell v. Household Finance Corp. III
Household agreed to pay $3.2 million to resolve claims for punitive damages asserted by borrowers whose second mortgage loans were purchased by, assigned to or serviced by Household. The settlement was in addition to the $566,802.46 of compensatory damages and interest previously recovered from Household and distributed to class members whose illegal loans were handled by Household.
Thomas v. U.S. Bank National Association, Case No. 1216-CV20561
$92 million settlement for consumers
WRRSV successfully prosecuted this second mortgage case which resulted in a $92 million class action settlement. The settlement was on behalf of more than 2,400 class members who obtained approximately 1,500 second mortgage loans that were purchased by, assigned to, or serviced by U.S. Bank. Class Members received a substantial payment ranging from an estimated $250.00 to $142,257.20 ($33,499.25 on average).
Beaver v. U.S. Bank National Association, Case No. 1216-CV21345
$68,300,000 settlement for consumers
WRRSV obtained a $68,300,000.00 class action settlement on behalf of more than 3,000 class members who obtained approximately 1,800 second mortgage loans that were purchased by, assigned to, or serviced by the Trust Parties. Class Members received a substantial payment ranging from an estimated $250.00 to $86,000.56 ($20,303.56 on average).
Gilmor, et al. v. Preferred Credit Corporation, et al., Case No. 4:10-cv-00189-ODS
WRRSV was able to obtain $10,427,592.49 in a series of settlements for consumers.
Gilmor v. Credit Suisse First Boston Mortgage Securities Corp. and Deutsche Bank Trust Company Americas
WRRSV was able to obtain a $3.5 million settlement for class members.
McLean v. First Horizon Home Loan Corporation, Case No. 00CV228530 (Cir. Ct. Mo.)
WRRSV obtained a settlement of $36.3 million to settle the claims of more than 4,000 class members who obtained second mortgage loans secured by Missouri residential real estate from First Horizon, McGuire Mortgage or FT Mortgage Companies between November 16, 1994, and April 13, 2005.
Thompson v. Sovereign Bank, N.A.
$3.3 million settlement
The WRRSV trial team prosecuted and settled a class action lawsuit asserted against Sovereign Bank, N.A., in five separate class action cases for recoveries totaling $3.3 million. Each of those cases alleged that now-defunct subprime mortgage lenders violated the Missouri Second Mortgage Loan Act by charging illegal fees in connection with residential second mortgage loans in the State of Missouri.
In re Residential Capital, LLC, et al., Case No. 12-12020 (MG), U.S. Bankruptcy Case for the Southern District of New York
$300 million allowed claim
WRRSV negotiated an allowed claim of $300 million against RFC and in favor of a class of more than 70,000 borrowers across the United States. The allowed claim will be partially satisfied from the assets of the bankruptcy estate. The recovery is likely to be the range of 7 to 13 cents on the dollar. Further, a recovery that when combined with the estate recovery could yield up to the full value of the allowed claim will be pursued from certain insurance policies.
Wong v. Bann-Cor Mortgage, et al., No. 10-01038 (U.S. Dist. Ct., W.D. Mo.)
The Wong suit alleged that national financial institutions knew or should have known that Bann-Cor was charging illegal fees on loans to class members, and that those loans violated Missouri law. Nonetheless, those institutions collected payments of principal and interest on the loans in violation of Missouri law.
In re Advanta Corp., et al., U.S. Bankruptcy Court for the District of Delaware; Case No. 09-13931
Advanta Corp. agreed to pay $398,032.98 to settle the claims of 775 class members who obtained 437 loans. The settlement payments ranged from $9.01 to $4,096.66, and averaged $408.21.
Couch, et al. v. SMC Lending, et al., Case No. CV100-4332 CC
$4,255,437.84 settlement for consumers
WRRSV was able to negotiate a $4,255,437.84 settlement with Residential Funding Corporation on behalf of 147 class members who obtained 88 second mortgage loans from SMC Lending on or after June 29, 1994. SMC Lending sold and assigned these 88 loans to Residential Funding Corporation. Class Members received a substantial payment under the settlement. The estimated settlement payments range from a low of $4,530 to a high of $109,527, with an average of $28,479.05 per loan.
Schwartz , et al. v. Wachovia Equity Servicing, LLC, et al., Case No. 00 CV226639 (Cir. Ct. Mo.)
WRRSV secured a $4 million class action settlement on behalf of 81 class members who obtained 52 second mortgage loans secured by Missouri residential real estate from Bann-Cor Mortgage on or after October 31, 1994. Bann-Cor Mortgage sold and assigned these 52 loans to TMS Mortgage, Inc., doing business as The Money Store. Class Members received a substantial settlement payment. The estimated settlement payments range from a low of $6,737 to a high of $82,069, with an average of $32,458 per loan.
Shokere vs. Residential Funding Company., et al., Case No. 1116-CV30478
WRRSV obtained a $2,460,845.90 class action settlement on behalf of 166 class members who obtained 110 second mortgage loans that were purchased by, assigned to, serviced by or master serviced by Residential Funding Company.
Baker, et al. v. Century Financial Group, Inc., et al., Case No. CV100-4294 CC
WRRSV recovered $1,075,700.42 on behalf of 46 class members who obtained 28 second mortgage loans from Century Financial Group on or after June 28, 1994. Century Financial Group sold and assigned these 28 loans to Residential Funding Company. Class Members received a substantial settlement payment. The estimated settlement payments range from a low of $500.00 to a high of $63,611.57, with an average of $22,208.29 per loan.
McLean, et al. v. First Horizon Home Loan Corporation (f/k/a McGuire Mortgage Company,) Case No. 00 CV 228530 (Cir. Ct. Mo.)
The WRRSV trial team procured a $36 million class action settlement on behalf of more than 4,000 class members who obtained second mortgage loans secured by Missouri residential real estate from First Horizon, McGuire Mortgage or FT Mortgage Companies between November 16, 1994, and April 13, 2005. Class Members received a substantial settlement payment, averaging more than $10,000.00 per loan for loans made before January 1, 1999, and averaging more than $700.00 per loan for loans made on or after January 1, 1999.
In re Syngenta AG MIR162 Corn Litigation
WRRSV represents corn farmers in lawsuits filed against Syngenta for losses incurred when Syngenta prematurely introduced a genetically modified trait of corn seed into the U.S. corn supply. This action by Syngenta led to China’s rejection of U.S. corn shipments, in turn causing a drastic drop in corn prices nationwide.
Thousands of individual cases were filed in state and federal courts, many of which were eventually consolidated in the District of Kansas under Case No. 2:14-MD-02591-JWL-JPO, In re Syngenta AG MIR162 Corn Litigation.
Doe v. Johnson County Park & Recreation District, et al., and Doe v. Lexington Insurance Company
WRRSV achieved a life-changing recovery for a young girl who was sexually abused by her swim coach. While the underlying facts are horrific, the result was extraordinary. The trial of the underlying claim against those responsible for supervision of the minor and the perpetrator resulted in a judgment on behalf of the minor for $5,040,000. When the insurance companies refused to pay the judgment, WRRSV vigorously pursued claims against the carriers for coverage and insurance bad faith. The firm ultimately recovered over $11.5 million for the victim, in addition to a confidential settlement from another insurer. The recovery was ranked 13th in the top plaintiff wins in 2012.
Goodwin v. J.C. Harmon High School and Kansas City, Kansas Board of Education USD 500
WRRSV represented a student who was sexually assaulted by another student. The students’ school had prior warning about and knew of the aggressor’s proclivities, yet failed to take any corrective action prior to the attack. Claims were made against those responsible for supervision of the perpetrator and protection of the minor plaintiff. The case was resolved before trial due to the hard work of counsel and the agreement of the defendants. At the request of the insurance company, that settlement is confidential.
Jane Doe v. TLC for Children and Families, Inc. and Godwin
WRRSV represented a minor who was sexually abused by an employee while in a rehabilitation facility for abused and wayward youth. WRRSV brought suit for negligent hiring and retention against the child rehabilitation center. After significant but difficult discovery and investigation, the firm obtained a monetary settlement for the minor, which the defendant and its insurer requested remain confidential. The policies of the center were reviewed and evaluated for the future benefit of their children.
John Burkhart v. P.Flow Industries
WRRSV represented a worker who fell backwards down an open elevator shaft after the locking device on the door malfunctioned. The client sustained substantial injuries, including a permanent closed head injury. At the request of the defendants, the amount of recovery is confidential.
Heilman, et al. v. Perfection Corp., et al.
In this product liability case involving defective water heaters, WRRSV successfully represented a class of more than 14 million plaintiffs, obtaining favorable settlement on the clients’ behalf.
Bowman v. Leer Manufacturing
In this product liability action, WRRSV successfully prosecuted a national company that manufactured defectively designed toppers for pick-up trucks. The truck topper rear door failed to elevate to the proper height so users could avoid its razor sharp edges, causing a consumer severe eye damage that resulted in a loss of vision in one of the client’s eyes. The design was proven to be defective and as a result of the lawsuit, which resulted in a confidential settlement at defendant’s request, the manufacturer redesigned the door for future sales.
Foster, et al. v. ABTCo., Inc., et al., Circuit Court of Choctaw County, Alabama, Case No. CV95-151-M
In this product liability case involving hardboard siding, WRRSV successfully represented classes of plaintiffs in Kansas and Missouri and obtained a favorable settlement.
Lutz et al. v. TIG
WRRSV represented two athletes who were training on their bicycles for the MS 150 when they were hit by a car at a high rate of speed. The athletes were thrown from their bikes and severally injured. Judgment was entered in favor of the athletes and against the errant driver for $3 million. When the insurer failed to pay the judgment, suit for vexatious failure to pay and bad faith was filed against the insurer. The case was ultimately resolved by the payment of a substantial, but confidential sum.
Conner v. Country Mutual Insurance Company, Catastrophic Property Restoration, LLC and OCCU-TEC, Inc.
WRRSV represented a family and policyholder who were owed insurance proceeds under their policy for certain personal property due to an exposure to asbestos that occurred during remodeling of their existing home. A number of parties were included in the lawsuit, but when the insurer failed to pay per the policy language for their liability, a suit for vexatious failure to pay and bad faith was filed against the insurer. The case was ultimately resolved by way of settlement with the negligent third parties, but also with the insurer by their separate payment of more than $650,000.
Landrum v. Meadows Credit Union
In this predatory lending dispute, WRRSV acted as lead counsel for a class of plaintiffs with claims arising out of the Uniform Commercial Code and the Missouri Merchandising Practices Act, and ultimately obtained a significant settlement for consumers.
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