Bergman & her team pursues two wrongful foreclosures
Posted On: August 9th 2013
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 demurrer to Miller’s causes of action for wrongful foreclosure, cancelation of instruments, and unfair and deceptive business practices. In Miller, Aurora foreclosed on the plaintiff and evicted him from his home when all of the available evidence, including statements from their own representatives showed neither Aurora nor MERS had the beneficial interest in the mortgage.
In Junod v. MERS et al., Bergman is appealing a federal district court’s sustaining of the defendants’ demurrer to all of plaintiffs’ causes of action, including declaratory relief, wrongful foreclosure, and cancelation of instruments. The legal issue in Junod concerns whether a securitized trust can foreclose on a homeowner when the mortgage loan was “assigned” to the trust years after the trust’s closing date in violation of the trust agreement and New York trust law.