Ygrene False Ad Class Action Lawsuit Overview:
- Who: Homeowners who took out home improvement loans with Ygrene, which offers financing for energy-efficient upgrades, have appealed a decision by a federal judge to decertify their class action lawsuit in which they allege they were misled about loan restrictions.
- Why: The plaintiffs’ counsel argues the trial judge made a “critical” legal error when she reversed her earlier decision to certify the class action
- Where: The appeal is being heard in the U.S. Court of Appeals for the Ninth Circuit.
Homeowners who took out home improvement loans with green home financing company Ygrene, and say the company lied to them about loan restrictions, have called on a Ninth Circuit court to order a lower court to certify their class action lawsuit after a judge about-turned on class certification.
Counsel for the consumers, Graham B. LippSmith of LippSmith LLP, told the Ninth Circuit court that U.S. Magistrate Judge Laurel D. Beeler’s had made a “critical” legal error when she reversed her prior decision to certify the class, Law360 reports.
In reversing her decision, the trial judge said that the entire class needed to show that it had relied on the advertisements at the center of the case, which Graham said was not the case and only lead Plaintiffs needed to show that.
The consumers who filed the class action lawsuit were customers of Ygrene Energy Fund Florida LLC and Ygrene Energy Fund Inc. which offer loans for energy-efficient upgrades that are repaid as a property assessment on top of other property taxes, Law360 reports.
The consumers allege in the claim that they were never told that in order to get a second home loan or to sell their home to someone with a mortgage they would have to pay off the original loan. They claim that the company’s advertising did not disclose that fact.
U.S. Circuit Court Judge Morgan Christen, a member of the three-member panel reviewing the decision, said that although the consumers didn’t need to prove they relied on the allegedly misleading ads when they purchased the loans, they did need to show they’d seen them. U.S. Circuit Court Judge Danielle J. Forrest added that there was no way to know if the consumers had interacted with any of the advertisements.
LippSmith argued that all marketing material released by the company was allegedly deceptive and never made clear that the loans could not be transferred or refinanced. He added there was evidence that 67 percent of customers asked the company about the transferability of the loan, Law360 reports, and that despite differences in the wording of some contracts all class members had similar transferability clauses.
However, Frederick S. Levin of Buckley LLP, counsel for Ygrene, said that Beeler was correct in her assessment that the customers were “long on argument and short on evidence.” He said that consumers had not produced enough evidence that they were misled by the advertisements, and that the class action lawsuit was not valid for certification.
Have you ever been misled by the marketing of a home loan? Let us know your experience in the comments section!
The consumers are represented by Graham B. LippSmith of LippSmith LLP.
Ygrene is represented by Frederick S. Levin of Buckley LLP.
The Ygrene False Ad Class Action Lawsuit is George Woolley, et al., v. Ygrene Energy Fund Inc. et al., Case No. 20-16608, in the U.S. Court of Appeals for the Ninth Circuit.
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62 thoughts onGreen Financing Firm Ygrene Misled Consumers About Terms of Home Loans, Class Action Alleges
I have a Ygrene account for my roof. My payments go up every year, $400 this year alone. The thing is I don’t pay property taxes, I’m exempt because I’m a service connected disabled Veteran. This company is as crooked as they come
I was tricked in to paying 13000 dollars for a roof on a 1140 sq ft home that has constant leaks and was incomplete they did put new wood they over laid on existing wood and never replace the wood that had water damaging leaving me with leaks and repair and constantly chasing the contractors to come fix they avoided me constantly. I’m a single mom and needed only the flat roof replaced at the time due to leaks. Now my mortgage has almost gone up 180 a month I’ve been paying since 2018. Can some one please help me?!
Ygrene is a complete fraud. They were soliciting in my community and told me of a supposedly great deal for hurricane impact windows. My home is a 2-story, and I cannot climb a latter to put shutters on the 2nd floor during hurricane. So, I thought it was a good idea when they told me the price to install hurricane impact windows which were supposedly on special. I was told that I will pay $175 per month for 5yrs only. I agreed to the term to pay $175 monthly for 5yrs only. I requested a copy of the papers that I signed and was told that it will be send via email because everything was electronic. I asked to take a photo with my phone to what I signed, and the lady did not allow it. She told assured me that she will email me the forms. For my surprise it showed for 30yrs, and it was $41,000 which I was total shock and it was added to my home county taxes increasing my mortgage payment. The email came from a Kevin Lara which I have no idea who that person is. Furthermore, I was told if I ever sale my home the loan is transfer automatically to the buyer which it was false information. I was NEVER told that all Ygrene loan is connected to my tax county. My taxes went sky high along with my mortgage. I am drowning in payments. I tried calling Ygrene to have it as what I agreed to pay on a monthly basis and was told that I have to come up front first with $2,500 and maybe that can be arranged. I tried to sale my home because all the financial struggles and couldn’t until I pay off completely Ygrene loan. No buyer was willing to take the loan. It gets worst. During hurricane season, one of the windows where not install properly so there was extreme rain pouring through that window for days. I tried contacting Ygrene which it was a waste of time. They told me to contact the company who installed the windows. The worst thing is that Ygrene never gave me the information until 3 days later. My home was a mess, and I was stressed, lack of sleep and extreme worried. I went to a severe depression and cried daily. I had to shut down the electricity and put plastic in the window because the water was pouring down through one of the outlets located underneath the window that was not installed properly. Someone finally showed up around 9pm after unsuccessful days of crying and calling Ygrene nonstop without success. The man who came home had an extreme bad attitude and just patched the window (wish you can all see it – SMH). So, now I still have a horrendous window that was not installed properly, big loan ruining my life and I cannot sale my home. I am struggling financially and want to sale my home. How can I join this act? I already received a letter and sign the survey online but yet have not receive any call or any other info. How can I sue this fraud company? I cant even sale my home because they put a lean and it gets worst I cant event payoff the loan or else I have to pay a penalty. I am struggling here and going to a lot of depression. How can I get help?
Has anyone heard anything? Is the lawsuit over and we’re screwed?
Btw the people that installed your windows is responsible for fixing the damage because they installed improperly. Has anyone heard anything from this lawsuit?
I also have been lied to my mortage went up 300.00 right when im retiring and on a fixed income. Add my name
Had anyone heard anything? Did the judge just throw us under the bus?
I was also told that the loan was on the house and that it would transfer to the new owners if the home was ever sold before the Ygrene green energy loan was paid off.
Same it’s ridiculous. I have a roof put on and the salesman even said if we were to sell it could be paid off then and my monthly payment would only be about 160$ added to my mortgage. But instead I got hit with 400$ extra a month and a lien against my house and it was on my property tax. Crooks
I was told the same . I hope something can be done