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Plaintiff Files Putative Forced-Placed Insurance Class Action

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Chicago, ILAs Americans continue to bring Lender insurance lawsuits against entities that allegedly force-place insurance onto property owners at higher rates, Canadians who own property in the US continue to be warned about the potential for lenders insurance.

RBC, otherwise known as the Royal Bank of Canada, continues to advise its clients owning property in the US that lenders have the right to force-place Lender insurance on any property mortgaged through a US lender but owned by a Canadian, and which shows a lack of adequate coverage, or the complete absence of insurance protection. RBC, in a bulletin residing on its web site, notes that lenders require annual verification that insurance is in force, in good standing, and is adequate. Failing that, RBC notes that lenders are required to send the property owner two notices: one at the time insurance expires, and another 45 days following said expiry. If the lender doesn’t hear from the property owner within a reasonable period of time, lenders insurance is force-placed on the property.

It’s interesting to note that various plaintiffs bringing a Force-placed insurance lawsuit often complain that they have not been advised of any pending, or actual force-placement. Plaintiffs also allege that in some cases insurance coverage is placed for hazards which don’t necessarily apply to their property, or has overlapped when standard insurance has been in force. It is also alleged that rates for lenders insurance have been far higher than standard policies that provide more coverage for the money.

The allegation is that lenders cozy up with insurance providers, force-place insurance upon property owners, and kick commissions and other incentives back to each other at the expense of the homeowner.

A recent Force-placed insurance lawsuit, originally brought May 24th in Cook County Circuit Court, alleges Seterus Inc. and QBE First Insurance Agency force-placed insurance amidst a kickback scheme, or so it is alleged.

The force-placed insurance class action was filed by plaintiff Jolanta Rozwadowska, a resident of Illinois who owns a property in Hoffman Estates. According to the putative class action, the mortgage on the property had been modified in 2014, assigned to Fannie Mae, and serviced by Seterus on behalf of Fannie Mae. The latter, in 2015, is described as having filed a foreclosure against the property. In tandem with the aforementioned events, hazard insurance on the property was allowed to lapse. Seterus, as is its right, then moved to place hazard insurance on the property, billing the plaintiff.

While the plaintiff appears to have no quarrel with the force-placement of insurance, the
Force-placed insurance terms are another matter, and are alleged to fly in the face of contract language that allowed Seterus to purchase “reasonable and appropriate” coverage.

According to the forced-placed insurance class action, Seterus and QBE “have an exclusive arrangement,” under which “QBE First monitors Seterus’ mortgage loan portfolio to identify lapses in coverage or inadequacy of insurance.”

Seterus, in such an event, authorizes QBE to purchase insurance with the premium folded into the property owner’s mortgage.

The plaintiff, in her lawsuit, alleges that Forced-placed insurance terms reflected coverage that was overpriced because a considerable portion of the premium charged to borrowers is “kicked back to Seterus and/or QBE First,” or so it is alleged.

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READER COMMENTS

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I am with Mr Cooper / Nationstar mortgage and /Centex etc they have forceplaced insurance on my home every other month from 04 to 09 in addition to my having my own H.O. policy with proof sent in. Many times. Payments taken to pay these and told can't find these payments making look like 5 0r 7 months behind on payments to them. SO lump sum payments no less than 7000 needs paid even if all monthly pmts are in their office. Still requesting payments applied properly. Bank statements western union pay etc. No credits as of yet 20 years. Proof of insurance given to me finally in 2017 for all years . They went in and deleted insurance policies instead of placing payments taken on acct. But the best part is when the same ck number used to pay my policy on account in Feb 10 09 forward to 2017 is used in Dec of those years it created my escrow acct to be empty when time to pay following year insurance, so company advances funds to cover cost now I lost the amount of policy paid to Corp advance selves , the cost repay advanced money, the escrow has divided it by 12 months raising my payments each month to pay this again, my reg pmts paid monthly, taken and dissappear told never received pay again not told for couple months this happens so lots of fees 41 @44.91 each pmt added on my account. And finally any refunds of any kind they take why, because they forbearance suspense pmts for us even when I just made a pmnt. from my check out or western unioned.It is gone to corporate account. Finally after making almost 15 to 25 pmts on mortgage each year and almost every one of these are missing or misappropriated to pay back corporate late charges or corporate insurance paid with other corporate chk fees, insurance fees etc. You realize that interest escrow payments unpaid principle balance have all wrong amounts on so now your taxes are screwed up along with your credit and good name. I am begging this mortgage company to please at least return my loss money because if behind they hold this til you are caught up. I explained your company will never allow me to show current even though house if payments are applied properly would be paid off and no more funds can they take . I was given modifications on a account completely paid up on, told behind , knowing I was not behind on payments. This has been since 1996 bought home to present. Since day one I have stayed on top of company fighting to keep my house because during this whole time have been taken to foreclosure twice both times thrown out and mortgage company collects 8000. More dollars. I live in fear daily of losing my home and have had 2 heart attacks from stress already. I am only 45. What can we do to stop a company who doesn't care enough about it's customers to correctly credit accounts instead of forceplacing it back to the corporate account and applying back as date payment taken.Instead of putting in a corporate account,Then doing An Year End Analysis, Now sometimes up to 2 times a month... instead of once a year,asking me where i see this amount , Not once applying my funds back to proper mortgage pmt for the amounts used to pay the duplicate check amount, advances i would not have needed if not for that check, escrow funds brought back to keep account funded sincecnow depleted of monthly deposits in account for that payment purpose, and additionally fees set up to cover late fees attorney fees illegally gotten funds taken selectively deceptively and disrespectfully. This company says it has my missing payments in research, I ask them for a year? 10-14-2016 is just one of the 200 payments that are either outright gone , or applies on post pay report just not to the unpaid principle amount . Noticed no change on a few of the payments to that balance, Or is added on the Detailed Transaction Reports along with my unapplied 9410.00 balances , Not showing affecting as payment recieved or principal amounts. Just sitting on page. If lucky enough to make it on a page at all. I am still reviewing finding more pmts not on eithar account reports. Finally when i feel like this company might care and try to fix this, i wind up back to square one asking if I can prove up and send in any thing that I don't see applied on here. I am so tired will it ever stop. I roughly estimate to have paid close to 400,000.09 in on a home purchased in 1996 for 86,500.00 if this company had of applied my funds properly my home would be paid off and i could be going to the doctors like i am suppose to. i just want to have corrected account my tax penalties paid by them for not providing me the 04 to 09 1098 documents filed on my account. And the documents at closing correctly showing amount of interest paid by me to your company. At which time I also paid almost 20000.00 in policies.At 1986.00 rough estimate each time, so much that it confused your customer service reps also. They sent me a 700 page email along with snap shots of her screen as she was tired of people like me getting hurt by this company. Finally and not least this loan was written up somehow showing an additional 70000.00 lien on it I believe . Was just given a copy of closing documents this year , we were told it was a refinance in 04 June but then told 23 year 17 loan and a 30 year fixed arm loan. By a few people at their company. As I have heard about subjugated maybe a possibility and negative amortization words used securization mentioned also MERS loan mentioned also. Not sure what to do . They put modifications on my account repay plans also when I was current. Is it ok if twice it showed no principal paid and somewhere interest was gone too.If anyone has any advise I am in desperate need to help stabilize my family at this moment mortgage company is keeping us from being able to adopt my grandson due to the fact of foreclosure on account every other day on my account. SO yes broken heart and all I need help or ideas please.

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