The plaintiffs in a Chase Adjustable Rate Mortgage Lawsuit claim that the company induces borrowers to maintain their modified payments by making them appear too good to be true. This is largely accomplished by repeatedly requesting documentation to determine homeowner eligibility. The documentation is then systematically mishandled and destroyed, and fees accrue on the mortgagor’s account. The company also violates the Fair Housing Act, which protects homeowners from unjust foreclosure.
Group 2 estoppel claims are based on inconsistencies between oral statements made by Chase representatives and the terms of the modifications
In this case, the claimant’s claims for estoppel were based on an alleged failure to disclose information that could lead to a breach of contract. The court held that the plaintiff failed to disclose information that was relevant to his claim and that he did not have a sufficient basis for establishing a breach. Moreover, the court held that an unrepresented party must bear the full costs of litigation and can only claim reasonable attorney’s fees.
In Eubank v. Thomas (ORDER), the plaintiff’s claims against Chase were denied because the court mistakenly recorded the date of the sentencing order as “2018” when it was actually “2017.” Because the original order reflected the adjudication of guilt and the imposition of the sentence, the claimant could have appealed the decision by filing a lawsuit challenging the city’s zoning decisions.
The plaintiff’s arguments in Group 2 estoppel cases involve inconsistencies between oral statements made by the Chase representatives and the terms of the modifications. In addition, there is no evidence that the plaintiff’s claims were based on any other information. In this case, the claimant’s oral statements were not governed by the modified loans.
Rule 23(a)(1)’s numerosity requirement was met
In the Chase Adjustable Rate Mortgage Lawsuit, plaintiffs asserted that the TILA violation and variable interest rate questions were common to a class of 7,000 or more individuals. The case’s factual foundation and legal theory were nearly identical to those asserted by Andrews. As a result, the plaintiffs’ claim of commonality with the Andrews class was successful.
As a class action, the court must be able to determine whether the number of class members is sufficient to meet the numerosity requirement. The Falcon case met this requirement because it involved an issue that could potentially affect all class members, but the issues were not sufficiently dissimilar to achieve economy. This would compromise the accuracy and fairness of the claims.
Rule 23(a)(2)’s commonality test was satisfied
The plaintiffs’ claim that every payment of the yield spread premium by Flagstar was unlawful is a valid class action, even if the transactions were not table-funded. Moreover, the HUD-1 form does not reflect whether borrowers paid the broker or not. As such, this claim fails the commonality test. However, the case will proceed to class certification, which will be decided on July 14.
The plaintiffs’ class representative must meet the commonality test, which requires that the claims have some nexus to one another. The claims need not be identical but should share common characteristics. The court did not require a plaintiff to prove that she had the same situation or experience as another plaintiff to satisfy the commonality test. The plaintiffs’ counsel had a history of litigating cases with similar issues.
In addition to commonality, plaintiffs must show that the actions were taken on grounds generally applicable to the class. In the Chase Adjustable Rate Mortgage Lawsuit, the plaintiffs allege that the defendant had disputed TILA claims and that their arguments would be largely the same for each class member. The court concluded that these conditions apply to both class actions.