Latest Blog Posts
Posted On: October 27th 2015
Parent and Advocate voices heard! The US Department of Education provides new guidance on the terms dyslexia, dyscalculia, and dysgraphia. WASHINGTON, DC – In response to the U.S. Department of Education, Office of Special Education and Rehabilitative Services letter to State Education Agencies today, Denise Marshall, executive director of the Council of Parent Attorneys and Advocates, Inc….
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Posted On: September 24th 2015
Senate Bill 251, approved by the state Legislature last week, would give businesses that pay for a Certified Access Specialist inspection a 120-day window to remedy construction-related disability violations without being liable for minimum statutory damages. Proponents, which include more than 40 chambers of commerce and hotel associations, say the bill promotes compliance over damage…
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Posted On: September 14th 2015
Legislation approved by the U.S. Senate this week may soon make it easier for people with disabilities to save money. The bill known as the Special Needs Trust Fairness Act would allow individuals with disabilities to establish a special needs trust for themselves. Under current law, such trusts must be created by a parent, grandparent,…
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Posted On: September 9th 2015
On March 20, 2015, Judge Mark Mooney, a LA Superior Court judge, dismissed our client’s tort claims against OneWest in a case involving OneWest’s negligent conduct and wrongful foreclosure. The trial court sided with OneWest’s argument that the Home Owners Loan Act “HOLA” (12 USC Section 1461 et seq.) preempted all state-law tort claims like…
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Posted On: January 9th 2015
On September 30, 2014, Katherine Porter, a UCI Professor who also serves as the California Monitor overseeing the HBOR legislation, released her highly anticipated report aconcerning the HBOR legislation. In her report, Ms. Porter concludes that mortgage servicing has improved because of the National Mortgage Settlement, but lawmakers must look at reforming their own approaches to…
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Posted On: October 28th 2014
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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Posted On:
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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Posted On: August 19th 2014
There has been significant progress in the case law involving mortgage loan servicer negligence in the handling of loan modification applications. Recently, in Alvarez v. BAC Home Loans Servicing, the California Court of Appeal (First Appellate District, Division Three) held — for the first time– that a mortgage loan servicer owes a duty of care…
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Posted On: June 2nd 2014
Rufini v. CitiMortgage Inc. is yet another example of how California appellate courts are not letting bank servicers get away with loan modification misrepresentations and deceptive practices. In Rufini, the plaintiff homeowner entered into a trial loan modification agreement with Citimortgage and timely made all trial modification payments. Citimortgage advised him that the loan modification…
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Posted On:
In Mahoney v. Bank of America, No. 13-CV-2530 W(JMA), decided on May 27, 2014, a federal court judge refused to dismiss causes of action for negligence, breach of contract, and specific performance against Bank of America and Nationstar. The homeowner plaintiffs filed the suit after Bank of America bungled their loan modification application, accepted $50k…
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