GEORGIA CLASS ACTION QUESTIONNAIRE
(for Georgia properties only)
Note: This class action is temporarily stalled. This page will be updated with its current status.
Please also note: class action does not stop foreclosure. Go to Foreclosure Defense for help.
Please check the criteria below to learn if your case fits the current class action law suit. Pre-foreclosure and post-foreclosure candidates are eligible for the class action suit.
11/12/2010 Announcement of Class Action Suit Click on an Image to View News Story
• Bank of America, N.A. or BAC Home Loans Servicing, LP., fka Countrywide Home Loans Servicing, LP - or - Wells Fargo Bank - or Taylor Bean & Whitaker
To be eligible for the current class action suit , your case must involve:
• Foreclosing entity MCCALLA RAYMER - or - processing company PROMMIS SOLUTIONS, LLC., or PROMMIS SOLUTIONS HOLDING INC., or GREAT HILL PARTNERS, INC.
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• Thomas A. Sears, Esquire, individually, as an officer of Mortgage Electronic Registration Systems, Inc., or as an officer of Wells Fargo, and as an employee of McCalla Raymer
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• Charles Troy Crouse, Esquire, aka C. Troy Crouse, Esquire, Individually, as an officer of Mortgage Electronic Registration Systems, Inc., or as an officer of Wells Fargo, and as an employee of McCalla Raymer
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• Crystal Wilder, Individually, as Notary Public and as an employee of McCalla Raymer
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• Elizabeth Lofaro, Individually, as Notary Public and as an employee of McCalla Raymer
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• Chiquita Raglin, Individually, as Notary Public and as an employee of McCalla Raymer
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• Victoria Marie Allen, Individually, as Notary Public and as an employee of McCalla Raymer
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• Iris Gisella Bey, Individually, as Notary Public and as an employee of McCalla Raymer
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• Jamelia Reynolds, Individually, as Notary Public and as an employee of McCalla Raymer
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• Latasha Daniel, Individually, as Notary Public and as an employee of McCalla Raymer
Click here to read law suit in its entirety.
In this Class Action Complaint, Plaintiff(s) seek inter alia, the injunction of various foreclosure and eviction proceedings, for themselves and other similarly situated, based upon the Defendant’s routine failure to comply with statutory prerequisites to foreclosure. Plaintiffs and the class they seek to represent also seek a determination of the validity of foreclosure sales held in violation of statutory requirements, together with damages and other relief.
- Georgia has longstanding, statutorily prescribed non-judicial procedures by Power of Sale with minimal consumer protections for homeowners. O.C.G.A. § 44-14-162 et seq. Homes are routinely foreclosed upon pursuant to the statutory Power of Sale without a pre-foreclosure hearing.
- The law is clear, however, that entities foreclosing upon homeowners must strictly comply with Georgia's statutory prerequisites to foreclosure. O.C.G.A. 23-2-114. Among other things, it is black letter law that the entity seeking to foreclose must have actual legal authority to exercise the Power of Sale.
- In recent years, many foreclosing entities, including Defendants have dispensed with this fundamental requirement. Such entities foreclose, through their Counsel, without having first obtained proper and legally valid assignment of the mortgage and the power of sale on property they purport to foreclose.
- Georgia’s foreclosure process has become an undisciplined and lawless rush to seize homes. Many thousands of foreclosures are plainly void under statute and Georgia case law. Many borrowers never obtain accurate statutorily required notices, have flawed and fraudulently created assignments of title and thus are sold and, sometimes, resold without a proper chain of title.
- Plaintiffs in this matter seek relief for the Defendant’s wrongful foreclosure practices and actions. They seek declaratory and injunctive relief concerning foreclosures conducted by entities who do not hold the Power of Sale, injunction of eviction action pending procedures to verify the validity of underlying sales, injunction of upcoming sales where there is no proof of assignment, cancellation of fees and costs for invalid sales processes and damages.
- Plaintiffs seek such relief on their own behalf and on behalf of all Georgia property owners similarly situated.
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The questionnaire below is intended to assist Georgians who: a) suspect that they are victims of wrongful foreclosure or b) are facing foreclosure which may be unlawful.
This class action law suit is being handled by Louise Hornsby, attorney, of Hornsby and Associates and Ebony Ameen, attorney, of Ameen and Associates.
A member of the class action team will contact you to review preliminary documentation for validation purposes.
Note: You may pull the documents from the Clerk's office (see below) or Operation Restoration will pull them for a nominal fee.
IMPORTANT: Pull the following documents from Land and Deed Records at the Clerk's office of your county. Scan and email to (in PDF format only) to
email@example.com . Important: in the SUBJECT line of the email, state your name and foreclosuring entities (attorney and lender).
> Assignments of beneficial interest in the security deed see example (Caution: Most times the last assignment is recorded at clerk's office within less than 2 weeks prior to foreclosure). Please pull all assignments only from the date of most recent financing.
> Deed under Power, all pages, example Page 1 Page 3 (filed at clerk's office AFTER foreclosure, sometimes up to 1 month after foreclosure).
> Security Deed (or Deed of Trust), only Pages 1-3 and signature page (last) see example (from closing documents or clerk of the court).