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Month: October 2014

Judge Permits Plaintiffs to Seek Punitive Damages Against Wells Fargo

Bergman has been prosecuting a loan modification negligence and breach of contract case against Wells Fargo for its deceptive practices in reviewing and negotiating a loan modification.  This case has been in litigation since April 2012 and new evidence obtained in discovery has led to the plaintiffs amending their complaint to add a cause of…

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Shapiro v. SPS – Judge Gets It Right in Ruling on CA HBOR

In ruling on Sage Point Lender Service’s (“SPS”) motion to dismiss the plaintiff’s complaint, the judge inShapiro v. SPS delievered a swift blow to an argument many servicers make in an attempt to dodge the plain language and purpose of the California Homeowner’s Bill of Rights (“HBOR”).  Under the HBOR, a servicer cannot “dual track”…

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