Posted On: August 19th 2013
If you know about foreclosure fraud, the mass fabrication of mortgage documents in state courts by banks attempting to foreclose on homeowners, you may have one nagging question: Why did banks have to resort to this illegal scheme? Was it just cheaper to mock up the documents than to provide the real ones? Did banks…
Read More...Posted On: August 11th 2013
On July 31, 2013, the California Appellate Court, in Glaski v. Bank of America, issued a groundbreaking legal opinion declaring unequivocally that a homeowner has “standing” to challenge a foreclosure on the basis that the mortgage loan was not properly assigned to the securitized trust which sought to foreclose. Although long-standing California law permits only…
Read More...Posted On: August 10th 2013
A recent appellate case has established that lenders can be found liable for negligence if they mishandle the loan modification process and cause injury to a homeowner through their negligence conduct. Some of the factors that could amount to negligence include (1) asking for the same documents over and over or loses documents previously provided,…
Read More...Posted On: August 9th 2013
In another victory in this case, the judge granted our motion to compel the deposition of Kathy Oriard after BONY and its counsel stonewalled her production for months. The judge also ordered BONY to pay $1,900 in sanctions for forcing us to file this motion. The Judge found: Plaintiff Pauline Suarez’s Motion to Compel Defendant…
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Bergman has filed two appeals—Miller v. Aurora Loan Services et al., before the California Appeal Court, Fourth District (Case No. E057929), and Junod v. MERS et al., before the Ninth Circuit Court of Appeals (Case No. 12-55712). In Miller v. Aurora Loan Services, B&G is appealing the state court’s order sustaining Bank of America’s…
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