Case Studies — Serv Inc.
Anonymized Case Outcomes  ·  Case Law Library

What the documents
revealed.
What changed because of it.

Every case here began with documents a consumer already had. What changed was that someone knew what to look for. All cases are anonymized. All outcomes are representative of actual Serv Inc. investigations.

500+
Cases Handled
38+
States Served
15yr
Combined Experience
5
Practice Areas
Outcomes by Practice Area
ForeclosureMortgage
FDCPADebt Collection
RESPAServicer / QWR
FLSAWage & Hour
TitleQuiet Title
Filter by: Showing all cases
Foreclosure · Tennessee Dismissed
Broken assignment chain invalidated foreclosing party's standing — action dismissed

Homeowner submitted servicer correspondence and loan documents during active foreclosure proceeding. Investigation revealed a gap in the chain of assignment — the assignment to the foreclosing trust was recorded 14 months after the trust's closing date, creating a potentially fatal standing defect. Formal notice issued. Action dismissed.

TN
State
$224k
Loan Amount
4 mo
To Resolution
Full Svc
Tier
RESPA Chain of Title Standing Securitization
Debt Collection · Georgia Settled — Consumer Favor
QWR non-compliance and continued collection after written dispute — settled in consumer's favor

Consumer had received collection calls for a disputed debt. After sending a written dispute, collection activity continued — documented by postmark analysis. Servicer failed to produce original documentation within the 30-day statutory window. Non-compliance formally documented. Case settled in the consumer's favor.

GA
State
$18k
Disputed Debt
Favor
Outcome
Analysis+
Tier
FDCPA § 809(b) Verification Failure Post-Dispute Collection
FLSA · Texas Judgment — Back Wages + Fees
Six years of overtime misclassification documented through pay stubs — judgment entered with attorney fees

Salaried employee submitted 18 months of pay stubs and performance reviews. Investigation documented improper deductions destroying the salary basis test, systematic classification of overtime-eligible hours at straight time, and job duties inconsistent with claimed administrative exemption. Formal record established. Judgment for back wages plus attorney fees.

TX
State
6 yr
Claim Period
Atty ✓
Fees Awarded
Full Svc
Tier
FLSA § 207 Salary Basis Test Admin Exemption Misclassification
Servicer Misconduct · Florida Resolved — Escrow Corrected
Four years of improper escrow accounting identified — servicer issued corrected statements and refund

Consumer in good standing submitted escrow statements after noticing payment fluctuations. Investigation identified systematic escrow shortage miscalculations over a four-year period, a QWR sent by the consumer that received a non-responsive reply on day 34, and force-placed insurance charges during a period with documented consumer coverage. Formal notice issued. Servicer corrected accounts and issued refund.

FL
State
4 yr
Error Period
Refund
Outcome
Analysis
Tier
RESPA § 2605 Escrow QWR Timeline Force-Placed Ins.
Quiet Title · North Carolina Resolved — Title Cleared
Robo-signed assignment chain discovered during proactive review — quiet title action successful

Consumer in good standing requested a proactive title review after a servicer transfer. Investigation identified three assignments bearing signatures matching known robo-signing patterns, an allonge executed after the purported transfer date, and a notarization in a state where the signatory had no documented presence. Quiet title action brought. Title cleared.

NC
State
Proactive
Member Type
Cleared
Outcome
Full Svc
Tier
Quiet Title Robo-Signing Assignment Defect Notarization
FLSA · Ohio Settled — Back Pay Recovered
Independent contractor misclassification over three years — economic reality test failed on all factors

Worker classified as independent contractor for three years submitted invoices, communications, and work schedules. Investigation applied the FLSA economic reality test: worker had no opportunity for profit or loss, used employer-provided tools, performed work integral to the business, and had no other clients. Failed on all six factors. Settled for three years of back wages and FICA contributions.

OH
State
3 yr
Claim Period
Back Pay
Outcome
Full Svc
Tier
FLSA Economic Reality Test Contractor Misclass.
Foreclosure / TILA · Texas Settled — Loan Modified
TILA APR disclosure error at origination preserved rescission right — used to compel modification

Consumer facing foreclosure submitted original loan documents. Investigation identified an APR disclosure error at origination that exceeded the TILA tolerance threshold, preserving a rescission right the consumer did not know existed. Formal notice of rescission right issued. Institution negotiated rather than litigate. Loan modified to current terms; foreclosure withdrawn.

TX
State
$312k
Loan Amount
Modified
Outcome
Full Svc
Tier
TILA APR Disclosure Rescission Right
Servicer Misconduct · Illinois Resolved — Late Fees Reversed
Payments applied late after servicer transfer — systematic crediting failures over 11 months

Consumer noticed late fees appearing on statements following a servicer transfer, despite documented on-time payments. Investigation cross-referenced payment postmarks against crediting dates and identified 11 months of same-day crediting failures, generating improper late fees and negative credit reporting. Formal notice and CFPB complaint filed. All late fees reversed; credit report corrected.

IL
State
11 mo
Error Period
Reversed
Outcome
Analysis
Tier
RESPA Payment Crediting Credit Reporting Servicer Transfer
Foreclosure · Virginia Resolved — Modification Approved
RESPA dual-tracking violation while loss mitigation pending — foreclosure halted, modification approved

Consumer submitted a complete loss mitigation application and received a foreclosure sale notice eleven days later. RESPA prohibits dual-tracking — advancing foreclosure while a complete loss mitigation application is pending. Investigation documented the timeline precisely. Formal notice of RESPA violation issued. Foreclosure halted. Modification subsequently approved.

VA
State
11 days
Dual-Track Gap
Halted
Foreclosure
Full Svc
Tier
RESPA Dual-Tracking Loss Mitigation

The legal precedents
behind the process.

Serv Inc. investigations are grounded in federal statute and case law. These are the foundational decisions that govern our practice areas — the rulings that define what institutions are required to do, and what happens when they do not.

Jesinoski v. Countrywide Home Loans, 574 U.S. 259 (2015)
TILA Rescission — Written Notice Is Sufficient
The Supreme Court held unanimously that a borrower exercises the right to rescind a loan under TILA by notifying the creditor in writing — a lawsuit is not required. A timely written notice of rescission is legally effective even if the creditor disputes it.
Relevance: TILA · Rescission Rights · Origination Defects
Regulation X, 12 C.F.R. § 1024.41 (2014)
RESPA Dual-Tracking Prohibition
CFPB's implementing regulation for RESPA expressly prohibits servicers from making the first notice or filing for foreclosure if a borrower's complete loss mitigation application is pending. The prohibition applies from the time a complete application is received.
Relevance: Foreclosure Defense · Loss Mitigation · QWR Process
Donovan v. Dialamerica Marketing, 757 F.2d 1376 (3d Cir. 1985)
FLSA Economic Reality Test — Independent Contractor
Established the six-factor economic reality test for determining whether a worker is an employee or independent contractor under the FLSA. The test focuses on economic dependence, not contractual labels — a worker can be an employee regardless of what the contract says.
Relevance: FLSA · Contractor Misclassification · Wage Claims
Gentry v. Mangum, 466 S.E.2d 171 (W.Va. 1995)
Robo-Signing and Assignment Validity
Established foundational principles for challenging the validity of mortgage assignments where the signatory lacked authority or the signature was executed in a manner inconsistent with the claimed corporate capacity — influential in subsequent robo-signing litigation.
Relevance: Chain of Title · Robo-Signing · Foreclosure Standing
McLaughlin v. Richland Shoe, 486 U.S. 128 (1988)
FLSA Willful Violation — Three-Year Statute of Limitations
The Supreme Court held that the FLSA's three-year statute of limitations for willful violations applies when the employer knew or showed reckless disregard for whether its conduct violated the Act. Documented misclassification is strong evidence of willfulness.
Relevance: FLSA · Statute of Limitations · Back Wage Claims
Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017)
FDCPA and Time-Barred Debt Collection
While holding that filing a proof of claim on time-barred debt does not violate the FDCPA in bankruptcy, the decision clarified the importance of statute of limitations analysis in debt collection disputes and the obligation to accurately represent debt status.
Relevance: FDCPA · Statute of Limitations · Zombie Debt
U.S. Bank Nat'l Assoc. v. Ibanez, 458 Mass. 637 (2011)
Foreclosure Standing and Assignment Chain
Massachusetts Supreme Judicial Court held that two major banks lacked standing to foreclose because they could not demonstrate a complete chain of title at the time of foreclosure. The court rejected retroactive assignments as curing the standing defect.
Relevance: Foreclosure Standing · Chain of Title · Securitization
Fegley v. Higgins, 19 F.3d 1126 (6th Cir. 1994)
FLSA — Employer Bears Burden of Proving Exemption
The employer, not the employee, bears the burden of proving that a worker is exempt from FLSA overtime requirements. Exemptions are to be construed narrowly against the employer. An employer who cannot document the basis for an exemption cannot sustain it.
Relevance: FLSA · Exempt Classification · Burden of Proof
500+
Cases Handled
38+
States Served
15yr
Combined Experience
5
Practice Areas
4
Regulatory Frameworks

Adding new cases
as they develop.

This page is built to grow. Every new anonymized outcome can be added to the case grid in a few minutes without touching any other part of the site. Below is the exact process for your team or your WordPress developer to follow when new cases are ready to publish.

1
Anonymize and document the case
Before publishing, confirm: state only (no city), no names, no employer names, no servicer names, no loan numbers. Capture outcome, practice area, tier used, key stats (loan amount, claim period, recovery amount if applicable), frameworks implicated, and a 2–3 sentence narrative.
2
Duplicate an existing case card block
In the HTML file or WordPress page editor, copy an existing case-card div and update the fields: category data attribute, badge class, headline, narrative, stats, and framework tags. Each case card is self-contained.
data-category="foreclosure|debt|servicer|flsa|title"
3
Add a modal for the expanded view
Copy an existing modal block and assign it the next sequential ID (modal-10, modal-11, etc.). Reference the same ID in the card's onclick attribute. Fill in the deeper narrative, specific findings, and applicable case law references.
4
Update the hero aggregate stats
When total case count crosses a new milestone (550+, 600+, etc.), update the stat in the hero panel and the credibility bar. These are plain text numbers — a find-and-replace in any editor takes under a minute.
Search: "500+" → Replace with updated count
5
Add new case law citations as they become relevant
The case law library grows independently of the case outcomes grid. When a new ruling, regulation, or appellate decision becomes relevant to your practice areas, duplicate a cl-card block, update the citation, title, holding, and relevance line.

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