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Complaint Takes Aim at Escrow Practices On Government Insured Apartment Loans.(Brief Article)

Mortgage Servicing News

| August 02, 2004 | Forres, Jessica | COPYRIGHT 2004 SourceMedia, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Four apartment investors have sued Fannie Mae, alleging the giant mortgage company improperly profited from the escrow accounts set aside for their Federal Housing Administration-insured multifamily loans.

The plaintiffs claim the Federal National Mortgage Association (known as Fannie Mae) breached its fiduciary duty and unjustly enriched itself.

"FNMA did so behind the plaintiffs' backs and without notifying the plaintiffs," according to Medlock Southwest Management Corp. vs. FNMA.

The lawsuit, filed in a U.S. District Court in Texas, also notes that Fannie owns or services 2,000 FHA-insured multifamily loans and those mortgagors could be members of the class-action lawsuit.

Fannie Mae declined to comment on the lawsuit when asked about it by this newspaper.

Department of Housing and Urban Development regulations require servicers of FHA multifamily loans to obtain permission from the FHA commissioner before dipping into escrows, the lawsuit says. The plaintiffs claim Fannie did not get ...

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