Interim Attorney Fees Awarded in Consumer Fraud Suit Over Mortgage

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Awards of Attorneys’ Fees by Federal Courts and Federal Agencies Summary In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the

In a stunning reversal of fortune, HSBC Bank was ordered to pay over $54,000 in legal fees incurred by homeowners who successfully fended off a foreclosure suit based on HSBC’s inability to prove ownership of the underlying mortgage and note. HSBC Bank vs. Nini, A-1941-11T1 (App. Div. , Unpublished, April 30, 2014).

Thus, a party could have zero dollars in damages and still be awarded $100,000 in attorney fees.SeePerez v. Professionally Green, LLC, 2011 N.J. Super. Unpub. LEXIS 2588 (Unpublished) (Awarding attorney fees after plaintiff’s consumer fraud claims were dismissed by way of directed verdict at trial). (3) Who May Be Found Liable Under the New Jersey Consumer Fraud Act? a. Persons. The Consumer Fraud Act has an expansive definition of who is defined as a "person".

A homeowner who prevailed in a foreclosure case missed out on an award of $104,700 in attorney fees and costs Wednesday. U.S. Bank N.A. brought the original lawsuit, but was substituted by.

Attorney’s fee awards are subject to court review and approval. Ordinarily, if an award is made in a common fund case, it will be awarded as a percentage of the total money available for the class. A benchmark award generally accepted by the courts is approximately 25 percent of the total, although the award may be adjusted higher or lower, depending on the specific facts of a case.

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Significant damage awards in other mortgage fraud cases around the country have been based on emotional distress damages. See, e.g., Hoffman v. Stamper, 867 A.2d 276, 298 (md. 2005) (overturning uniform emotional distress awards of $145,000 each absent proof of physical manifestation); Vasquez-Lopez v.

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