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…
Read More...Posted On: June 21st 2013
Bergman and her team filed suit against Compass Bank to cancel an Assignment of Deed of Trust and seek declaratory relief as to whether Compass Bank actually acquired the mortgage loan as it claimed in the Assignment. The problem? The Assignment of Deed of Trust was signed by MERS on behalf of a company that…
Read More...Posted On: June 19th 2013
Plaintiff prevailed in bringing a claim for Cancellation of Instruments to cancel the Assignment of Deed of Trust recorded against her home on the basis that the instrument was robo-signed and that MERS failed to disclose the beneficial owner when assigning an interest in the mortgage. In addition to great ruling permitting Plaintiff’s first two…
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In this case, the court overruled Bank of America’s demurrer and found that the Plaintiffs had stated a cause of action for negligence, Cal. Civ. Code section 1788, and unfair business practices. Brown v. Bank of America
Read More...Posted On: June 17th 2013
For years, we have been arguing that loan servicers have been negligent in their handling of loan modification applications, particularly when they take trial modification payments and then push people into foreclosure. Although most courts generally find that a bank cannot be found negligent if it is acting in its “conventional role as a lender,”…
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As part of the American Taxpayer Relief Act of 2012, or the fiscal cliff bill, passed by Congress on Jan. 1, a one-year extension has been approved for the Mortgage Forgiveness Debt Relief Act (the Act). Created in 2007, the Act has provided homeowners a tax exemption when they obtain debt forgiveness on a primary…
Read More...Posted On: June 12th 2013
In another victory, a Bergman and her team were able to defeat Bank of America’s demurrer to the Plaintiffs’ claim of negligence. The court also allowed Plaintiffs to allege a cause of action of Unfair Business Practices against Bank of America for its negligent conduct in the handling of their loan modification application. 11.19.12 NTC…
Read More...Posted On: June 10th 2013
The California legislature enacted meaningful legislation requiring servicers comply with basic rules while processing loan modification applications and foreclosing. The real test as to whether this new legislation will actually provide meaningful relief for homeowners rests with how judges will apply and interpret the new statutory provisions. Of significance, the new laws attempt to prevent…
Read More...Posted On: June 5th 2013
In Suarez v. Bank of America, Bergman and her team win monetary sanctions in favor of client. 02.25.13 – NTC Ruling Plf’s MTC RFP – Suarez.pauline [SERVED]
Read More...Posted On: March 21st 2013
Judge Moberly denied Bank of America and Bank of New York’s Motion for Summary Judgment finding Plaintiff had met her burden establishing a triable issue of fact as to whether Bank of America could rely on an Assignment of Deed of Trust signed by MERS. The Court found that Defendant “did not establish the foundational…
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