“Innovative” city suits against foreclosing lenders by WALTER OLSON on MAY 14, 2008 City
governments, sometimes in league with private counsel working on
contingency fee, “have started suing banks and mortgage companies to
recoup their costs” on such services as “fire departments, police, code
enforcement or even demolition” in blighted neighborhoods. “The
lawsuits were filed in recent months under different theories, in state
and federal court. Cleveland and Buffalo filed suits under public
nuisance laws. Minneapolis’ suit was brought on consumer fraud grounds,
while Baltimore took the unusual approach of filing suit in federal
court under alleged Fair Housing Act violations.” Bank of New York says
it was included in Buffalo’s suit against 39 lenders even though
it neither originated nor purchased loans, but merely acted as trustee.
(Julie Kay, “Empty Homes Spur Cities’ Suits”, National Law Journal, May 9).