Posted Sep 06, 2007 07:18 pm CDT
Two law firms in New Jersey and the mortgage lenders who retained them are defending possible class actions over unauthorized fees that they allegedly imposed on homeowners facing foreclosure.
While representing mortgage lenders in foreclosure cases, the two firms charged individual homeowners unspecified fees that weren’t authorized by statute or court rule, according to ongoing litigation in federal court in Camden. Two lawsuits against Zucker, Goldberg & Ackerman, in Mountainside, N.J., and Fein, Such, Kahn & Shepard, in Parsippany, N.J., were filed as class actions but didn’t seek certification, reports New York Lawyer (reg. req.), in a reprint of an article that originally appeared in the New Jersey Law Journal.
Some counts have been dismissed. Reportedly still ongoing, however, are claims against the Zucker firm for alleged negligence, breach of duty, unjust enrichment and violation of the federal Fair Debt Collection Practices Act, as well as claims that Fein, Such charged fees that exceeded the amount authorized by New Jersey court rules and the New Jersey Fair Foreclosure Act.