The case of Canada v. Liberty Lending, is currently pending in the Superior Court of Richmond County, Georgia, civil action file number 2001-RCCV-966. The case has been certified to proceed as a class action as explained in the notice you have received. This lawsuit challenges the right of Liberty Lending Services d/b/a Liberty Savings Bank, F.S.B. to assess and collect charges that it labels as inspection fees and attorney fees from mortgage holders who have filed a Chapter VII or Chapter XII proceeding in bankruptcy court. The lawsuit asserts that Liberty is not entitled to assess or collect these fees because the mortgagor has not been given prior notice, because no court gave prior approval of the fees, because the mortgages and notes do not allow Liberty to assess and collect the fees and because the way in which Liberty has assessed and collected these fees is in violation of applicable laws.
Below are links to the complaint, as amended, the order certifying the class, the decision of the Georgia Court of Appeals affirming the superior court’s ruling regarding class certification and a copy of the class notice.
Should you have additional questions about this or information about your experiences with Liberty, please feel free to e-mail class@bellbrigham.com. If you have moved, please provide us with your current address.
Thank you.
