BAM! Jury Awards Man $2.5M in Punitive Damages Against Ocwen for Willfully Violating the FCRA


“Mr. Daugherty had a balloon note mortgage, and he had to pay an $80,000 balloon payment,” said Nolan, with the law firm of Hamilton Burgess Young and Pollard. “He wasn’t behind on his mortgage payments, yet the credit report showed he was five months behind. It said he was in foreclosure, and he wasn’t. Ocwen even acknowledged he wasn’t in foreclosure.”


BAM! Jury Awards Man $2.5M in Punitive Damages Against Ocwen for Willfully Violating the FCRA


U.S. District Court case number 5:14-cv-24506

BECKLEY – A Wood County man will receive more than $2.5 million after a federal jury said a mortgage service company didn’t investigate his repeated disputes of his credit report.

A federal jury on May 23 awarded $6,128.39 in compensatory damages and $2.5 million in punitive damages to David M. Daugherty of Vienna. He had sued Ocwen Loan Servicing LLC and Equifax Information Services LLC in Raleigh County in 2014. The defendants had the case removed to federal court.

After a six-day trial before Judge Irene Berger, the jury ruled in favor of Daugherty, saying Ocwen willfully violated the Fair Credit and Reporting Act. One component of that act requires that a company investigate all disputes. Daugherty had filed several disputes with Ocwen after receiving Equifax credit reports showing him behind on his mortgage payment.

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3 Responses to “BAM! Jury Awards Man $2.5M in Punitive Damages Against Ocwen for Willfully Violating the FCRA”
  1. Vic Hentz says:

    Lots of luck ever getting a dime my friend! Ocwen will appeal this to infinity and beyond. That’s the great thing about being a bank. Plenty of (your) money = endless litigation!

    • Jayne says:

      Agree Vic on banks, lawyers, money for endless litigstion. Been there, done that, lost 176g paying Bank for a mtg not mine, no docs had my address, title Co papers not my address. They had not a singke doc to suppprt they baf a mtg on my property! After 35g spent on a lawyer before a trial even scheduled had none left to go to trial. Case closed. Seems simple open shut. Can’t just SAY a mtg is on a property u own then take the money when the oener sells it right? Not if u are a bsnk. They do what they want and so called ethical attorneys will lie and draw it out till you are broke and can’t fight back anymore. How can that not be criminal?

      • mike Drouin says:

        And to think , The Banks also violated TILA ( Truth in Lending Act ) UETA ( Uniform Electronic Transfer Act , RICO …. Through Mail Fraud and Honest Services Fraud . Multiple State Laws , Contract Laws , Banking Laws , Trust Law , Tax Law , Mortgage Law , Securities Law , and so on and so on . I believe we have a major systemic problem !!!!! Especially when our States Justice Departments were paid off to stand down !!!!

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