Recently, Ocwen and Deutsche were popped with a two-million-dollar jury verdict for a wrongful foreclosure in Montana. A couple bought a farmhouse for cash, and were in the process of remodeling it, when they discovered that Ocwen had sold the property at foreclosure by mistake. Ocwen refused to quitclaim the property back to the owners, claiming that they were prevented from doing so by a “scrivener’s error.” The couple sued.
After a four-day-trial, a Montana jury unanimously awarded homeowners $350,000 in lost profitability, $100,000 for emotional distress and $1.6 million in punitive damages against Deutsche Bank National Trust Co. and Ocwen.
As reported by Ed Kemmick at Last Best News, full article here:
As part of their legal battle against Deutsche Bank, the Normans were granted a motion for summary judgment for quiet title, and the bank signed a “disclaimer of interest” in the property on May 8, 2014. The trouble was, Heenan said, the bank did not actually record the disclaimer with the Yellowstone County clerk and recorder until August of this year.
At trial, Heenan maintained that the defendants’ actions, far from being merely a series of mistakes, constituted an intentional disregard of facts that were likely to cause injury to the Normans, and that “disregard or indifference” amounted to malice.
The 12-person jury agreed, and last Thursday it unanimously awarded the compensatory damages totaling $450,000, then went into deliberations again on Friday and unanimously awarded the punitive damages of $1.6 million.
Congratulations to Montana attorney, John Sheenan, for the win! Sheenan is a member of the National Association of Consumer Advocates (NACA).