Posted On: August 26th 2016
Download the most recent Case Compendium regarding the Homeowners Bill of Rights and foreclosure-related case law and administrative guidance NHLP-Foreclosure-Newsletter-June-2016
Read More...Posted On: February 24th 2016
On February 18, 2016, the California Supreme Court issued a decision on a hotly contested issue between mortgage loan borrowers and foreclosing banks. In Yvanova v. New Century, the California Supreme Court overturned a trial court’s dismissal of the plaintiff’s case finding Yvanova had “standing” to challenge the foreclosure of her home when she claimed…
Read More...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…
Read More...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…
Read More...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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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”…
Read More...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…
Read More...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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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…
Read More...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,…
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