Posted On: May 6th 2014
Capital and Main | by David Dayen. The following story was reported by Capital and Main and published here in collaboration with The Huffington Post. Lost documents. Incomplete and confusing information. Mysterious fees. Payments received but not applied. Homeowners waiting for a loan modification and suddenly placed in foreclosure. A nightmare of uncertainty, frustration and fear. These incidents,…
Read More...Posted On: March 12th 2014
By Catherine Curan for the NY Post Wells Fargo, the nation’s biggest mortgage servicer, appears to have set up detailed internal procedures to fabricate foreclosure papers on demand, according to allegations in papers filed Tuesday in a New York federal court. In a filing in New York’s Southern District in White Plains for a local…
Read More...Posted On: March 6th 2014
On March 4, 2014, Bergman’s team argued an important foreclosure case before the 9th Circuit Court of Appeals. We argued Junod v. MERS et al., before a 3 judge panel of the Ninth Circuit Court of Appeals. The case involves issues similar to those in Glaski v. Bank America— whether a homeowner can challenge a foreclosure by…
Read More...Posted On: February 19th 2014
Today the NY Times reports loan complaints by homeowners rise once more By JESSICA SILVER-GREENBERG and MICHAEL CORKERY for the New York Times A growing number of homeowners trying to avert foreclosure are confronting problems on a new front as the mortgage industry undergoes a seismic shift. Shoddy paperwork, erroneous fees and wrongful evictions —…
Read More...Posted On: January 28th 2014
On August 21, 2013, the California Court of Appeal issued a negative ruling against homeowners in an area homeowners thought they were winning. The story begins in February 2013, when the California Court of Appeals (the First District), issued a groundbreaking decision in Jolley v. Chase, which found that mortgage servicers could be held liable…
Read More...Posted On: December 5th 2013
In response to numerous problems with insurance obtained by a servicer when a borrower’s policy lapses or is canceled, Congress included in the Dodd-Frank Act new restrictions on “force-placed insurance.” New regulations implementing the Dodd-Frank Act amendments to RESPA dealing with force-placed insurance go into effect on January 10, 2014. The purpose of these amendments,…
Read More...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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