Racketeering Case Filed Against Ally And Citigroup
POSTED ON OCTOBER 5TH 2010
A popular bank and a mortgage servicer are being sued by homeowners in Kentucky for conspiring with a mortgage transfers company for falsely foreclosing on loans. It is a serious allegation and when proven true, then a lot of homeowners who are currently facing foreclosures just might get a chance to save their homes.
Homeowners in Kentucky have filed a lawsuit against Citigroup Inc. and Ally Financial Inc., alleging that the two have conspired with Reston, Virginia-based Mortgage Electronic Registration Systems Inc. in falsely foreclosing on loans.
Filed as a civil-racketeering class action on behalf of the Kentucky homeowners facing foreclosures, the lawsuit claims that banks – via MERS, which handles mortgage transfers among banks – are foreclosing on homes to which they don’t hold titles to properties. The complaint was filed in a federal court in Louisville, Kentucky on the 24th of September.
The complaint reads, “Defendants have filed foreclosures throughout the state of Kentucky and the United States of America knowing that they were not the ‘owners’ or beneficiaries of the loan they filed foreclosure upon.”
According to the lawsuit, the defendants either filed or caused to be filed mortgages through forged signatures. It also stated that foreclosure actions were filed months before any legal interests are acquired in the properties. Own notes executed with mortgages were also falsely claimed by the defendants, the lawsuit further says.
The case also claims that the defendants have violated the Racketeer Influenced and Corrupt Organizations Act. Though originally passed to pursue organized crime, RICO was brought to the case since the attorneys say the cases were well-thought out.
The Kentucky homeowners’ case is just one of the multiple cases against several banks and MERS for wrongful foreclosures. Several cases, which were combined in a multi-district litigation in Phoenix, have been dismissed last September 30. The judge allowed the plaintiffs to re-file their complaints, though.
In an emailed statement, Ally spokeswoman Gina Proia called the allegations “inflammatory” and without merit. Citigroup Inc. declined to comment, while MERS had no immediate comment.
This article originally posited at http://bit.ly/9IzJOe