Orser v. Select Portfolio Servicing, Inc., 2:05-CV-01507 (W.D. Wash.)
Plaintiff’s Counsel: Mark A. Griffin, Keller Rohrback, L.L.P, 1201 Third Avenue, Suite 3200, Seattle, WA 98101.
Summary: Plaintiffs allege that the mortgage documents executed by Plaintiffs do not permit Defendant to assess charges in connection with the payoff of the mortgage loans. They allege that Defendant included fees in the sum of $50.00 that were entitled “payoff statement fee” and that the class members paid the fee “in order to obtain a reconveyance of the deeds of trust or satisfaction of mortgages serviced . . . by Defendant.” Plaintiffs further allege that Defendant charged class members recording fees that exceeded the actual cost of recording the reconveyances of deeds of trust or satisfactions of mortgages. Plaintiff seeks to certify a nationwide class based upon Defendant’s alleged breach of contract and unjust enrichment and a sub-class of Washington state residents based upon alleged violations of the Washington Consumer Protection Act. Plaintiff also seeks injunctive relief.