Monette Saccameno Wins Three Post-Trial Motions

LOMBARD, Ill., March 26, 2019 /PRNewswire/ -- After Monette Saccameno secured a jury verdict against Ocwen Loan Servicing, LLC (Ocwen) for committing various federal and state violations, Atlas Consumer Law won all three post-trial motions filed by the national mortgage loan servicer in the United States District Court for the Northern District of Illinois (Eastern Division).

The first post-trial motion Ocwen filed was a renewed motion for judgment as a matter of law, which is the servicer's second chance to review the evidence from trial. However, the court denied the motion because the evidence sufficiently supported all Saccameno's claims.

Next, Ocwen filed a motion for a new trial—a request made after the judgment of a lawsuit has been entered—to vacate the judgment, arguing the judge made a significant legal error by admitting specific evidence into trial. Again, the court ruled procedural errors were not committed by allowing certain consent orders to be reviewed, thus denying Ocwen's motion for a new trial.

Lastly, Ocwen filed a motion to amend the judgment, arguing the jury made an error by awarding Saccameno with a $3 million award for punitive damages. The court ruled the punitive damage award reflected the servicer's continuous misconduct, as well as the financial harm and duress Saccameno endured.

The court found no errors of law during trial, meaning the verdict stands and giving Ocwen the option to either pay Saccameno $3,582,000 or appeal the decision.  Mr. Mohammed Badwan stated, "We are very pleased with the court's ruling," adding, "The jury saw right through the façade that Ocwen presented at trial.  The judge made no errors during the trial and justice was served."  

At trial, the jury ruled Ocwen was in violation of the Real Estate Settlement Procedures Act (RESPA), in violation of the Fair Debt Collection Practices Act (FDCPA), and in violation of the unfairness and deception provisions of the Illinois Consumer Fraud and Deceptive Business Practices Act.

Atlas Consumer Law focuses on consumer litigation matters regarding the FDCPA, TCPA, FCRA, RESPA, and other consumer fraud statutes. The leading attorneys in this case are Nicholas Heath Wooten, Ross Michael Zambon, and Mohammed O. Badwan. Attorney Wooten is a managing partner of Nick Wooten, LLC and is nationally recognized in mortgage servicing and foreclosure defense litigation. Attorney Zambon is the managing partner of Zambon Law, Ltd. and has been selected in the Illinois Super Lawyer Rising Stars list from 2010 and 2017 due to his work in consumer litigation. Attorney Badwan is the Director of Litigation for Atlas Consumer Law and has been chosen as an Illinois Super Lawyer Rising Star.

SOURCE Atlas Consumer Law