JDSA has successfully represented consumer plaintiffs in class actions against some of the largest lenders, loan servicers, insurance companies, and publicly traded companies in the nation. These class actions provide an important avenue of relief for groups of people that have experienced a similar harm by a single defendant’s common acts and practices.
Notable Cases and Decisions
$26M Settlement to Benefit Homeowners:
Rhodes v. Wells Fargo Bank
JDSA represents a certified class of over four thousand homeowners locked out of their homes, by Wells Fargo Bank, prior to completion of a foreclosure.
On June 25, 2018, the United States District Court Eastern District of Washington granted preliminary approval of the class-wide settlement, providing a $26,305,000.00 common fund to benefit affected homeowners. Clay Gatens, partner with JDSA, and lead class counsel for the homeowners, added, “This is a remarkable settlement for the class, and provides a significant recovery for the thousands of Washington homeowners who experienced these illegal lock changes prior to the completion of any foreclosure.”
This case is one of several cases involving Washington homeowners who have had their locks changed by lenders and mortgage servicers prior to foreclosure.
In 2016, Mr. Gatens argued in front of the Washington State Supreme Court, in a case against Nationstar Mortgage, LLC, challenging pre-foreclosure entries and lock changes on Washington borrower’s homes that were in default on their mortgages. The Washington Supreme Court issued its decision and holding that the pre-foreclosure lock changes violated long-standing Washington law.
Building on that decision, a federal district court ruled that illegal lock changes are a trespass and violate the Washington Consumer Protection Act. The court further ruled that homeowners whose locks were changed before foreclosure can recover damages, including the value of their destroyed lock and, the fair market rental value of their home during the time they were unlawfully locked out.
JDSA Law has successfully represented consumer plaintiffs in class actions against some of the largest lenders, loan servicers, insurance companies, and publicly traded companies in the nation. These class actions provide an important avenue of relief for groups of people who have experienced a similar harm by a single defendant’s common acts and practices. JDSA is proud to have developed a talented team of litigators who can successfully take on and prevail in these complex cases, providing important relief to thousands of Washington citizens.
Washington State Supreme Court:
Jordan, et. al. v. Nationstar Mortgage, LLC
JDSA achieved a significant victory at the Washington State Supreme Court in the certified class action case of Jordan v. Nationstar Mortgage, LLC. On July 7, 2016 the Supreme Court ruled in favor of Ms. Jordan and the certified class of over 3,600 Washington homeowners and held that lenders are prohibited from changing locks on a borrower’s property prior to completing a foreclosure. This decision creates significant precedence in the area of foreclosure law and is the first case in the nation to prohibit a lender from using entry provisions contained in standard form deeds of trust to enter a borrower’s home and change locks on the borrower’s home prior to completion of a foreclosure.
Clay Gatens, a partner with JDSA, is the lead attorney on the case and has represented Ms. Jordan since 2011. In 2014 Mr. Gatens successfully achieved class action certification for the case, which revealed that over 3,600 Washington borrowers had their locks changed by Nationstar Mortgage prior to completion of a foreclosure. In January of 2016 Mr. Gatens argued the case in front of the Washington Supreme Court and on July 7, 2016 the Supreme Court issued its opinion in favor of Ms. Jordan and the certified class holding that the entry provisions relied upon by lenders when entering a borrower’s property and changing locks prior to foreclosure “are in direct conflict with state law and are unenforceable.”
With this decision, Washington borrower’s are now protected from illegal lender and loan servicer practices that interfere with the homeowner’s exclusive right to possession prior to completion of a foreclosure sale. Importantly, this decision applies to borrower even if the borrower has moved out of the home pending foreclosure. If you have been a victim of a lock change on your home prior to the completion of a foreclosure – regardless of whether you were living in the home at the time of the lock change – your right to possession has been violated and you are encouraged to contact Mr. Gatens.
Coinstar Agrees to Settlement
This class action, led by Clay Gatens of JDSA Law, was successfully settled and obtained significant injunctive and monetary relief for Washington consumers that purchased gift cards from Coinstar, that faded and darkened to the point where the purchaser could not redeem their gift cards.
For more information regarding this class action, the class settlement, or to submit a claim please visit coinstargiftcardsettlement.com.
Areas of Emphasis
Consumer Protection Class Action Litigation
Defense of Class Action Claims
Plaintiff's Class Action Cases