The Five Dollar Mortgage Servicer Fee versus the $385k Attorney Fee Bill

Compare to Enron: This litigation has been over 6 years and the record attests to a long, difficult fight that justifies fees of 9.52 percent

Lembeck v. Arvest Central Mortgage Co.


District Court, N.D. California

AUG 27, 2021 | REPUBLISHED BY LIT: SEP 27, 2021

Arvest Bank, an Arkansas bank majority-owned by the family of Walmart founder Sam Walton, has settled a class action in California related to its Mortgage Lending offshoot, which expands to other States, including Texas for charging $5 or $10 processing fees for payments received.

Judge approves class settlement of:


Attorney Fees:


Total; $384,727 which is 26% of settlement amount, hence split to make it fit the 25% ceiling limit

Three class members each receive;


NeighborWorks America gets any remnants of unclaimed class action funds.

Twenty five or twenty six percent award for Attorney Fees is one of the highest we’ve seen. Put it into perspective. The Enron Scandal settled at 9.5% fees.

Inflation has skyrocketed apparently in this Federal Judge’s eyes.

Judge Approves Record $688M Attorney Fees in Enron Securities Case

SEP 9, 2008 | REPUBLISHED BY LIT: SEP 27, 2021

Securities class action law firm Coughlin Stoia Geller Rudman & Robbins is among the plaintiffs law firms awarded a record $688 million in fees in Enron shareholder litigation.

U.S. District Judge Melinda Harmon approved the award, the largest ever in a securities fraud case, the Daily Journal reports (sub. req.). Coughlin Stoia stands to receive as much as $400 million of the amount, reported in a previous post quoting the Wall Street Journal Law Blog. Former Coughlin Stoia lawyer William Lerach, now in administrative confinement in a California prison, could get as much as $50 million of the amount, according to the prior report.

The law firm represented the University of California Regents’ Retirement Fund and had negotiated a fee agreement for plaintiffs lawyers that started at 8 percent and climbed to 10 percent for any money recovered above $2 billion, the Daily Journal story says.

The litigation settled for $7.2 billion, bringing the attorney fees to 9.52 percent of the recovery plus interest.

The settling defendants included bankers, accountants and lawyers the Wall Street Journal reports.

“This litigation has been ongoing since the fall of 2001, over six years, and the record attests to a long, difficult fight that justifies honoring the fee agreement’s 9.52 percent,” Harmon wrote.

Her ruling called Coughlin Stoia “a lion” of the securities bar and praised the firm’s 12 lawyers who worked on the case, the National Law Journal (sub. req.) reports.

Meanwhile, in another Enron case, the New Orleans-based 5th U.S. Circuit Court of Appeals revived fraud lawsuits filed in Texas state court against the estate of the late Enron founder Ken Lay, other company officials and several financial institutions. The opinion (PDF) is Newby v. Enron Corp. The Houston law firm Fleming & Associates filed the suits.

Class Action Filed: Deutsche Bank and their Mortgage Servicer Implicated in Fresh Foreclosure Abuses

The plaintiffs retained counsel in Feb. 2013 to represent them. Despite legal representation the foreclosure case has been pending since then.

The $52,950,000 Question: Should Houston Lawyers Prevail on Venue Transfer?

The defendant lawyers also request that the complaint and documents be sealed, and y’all know how LIT feels about sealin’ dockets.

The Offices of Redd Hoffman and Bramlett face a Class Action in Texas for Violating the FDCPA

Redd’s debt collection efforts violate various provisions of the FDCPA, including but not limited to 15 U.S.C. § 1692e.

The Five Dollar Mortgage Servicer Fee versus the $385k Attorney Fee Bill
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

To Top