Today my colleague Simon Offord published a short case update in our firm’s monthly newsletter* regarding the case of Intengan v. BAC Home Loans Servicing (March 22, 2013). He writes: “… the 1st District Court of Appeal recently held that a homeowner may pursue a wrongful foreclosure claim against a loan servicer even though the [...]
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By: Julia M. Wei, Esq. A series of cases have come down in the last few weeks that have some very serious ramifications for lenders. The most dramatic case is that of Lona v. Citibank, based on a property right here in my back yard. The fact pattern in Lona is that the bank foreclosed [...]
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In other parts of the country, and in bankruptcy court, borrowers have had some success with the argument that since MERS is a “nominee” and “nominee” is not defined in the loan documents, that it does not have standing to initiate foreclosure. That argument has been far less successful in California, in large part [...]
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The law in California on non-judicial foreclosures has been pretty firm for some time – the Trustee’s Sale is FINAL as to a bona fide purchaser for sale if the Trustee’s Deed is issued and recorded within 15 days of the sale. At least until one bankruptcy judge in California’s Central District disagreed. The Relation [...]
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It’s bad enough when people are dealing with their underwater properties, but to then have attorneys tell them to join these “mass action” lawsuits like it’s a silver bullet to stop the foreclosure sale is egregious. Apparently, the Attorney General thought so too and she sued them and the law firms have been placed into [...]
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By: Julia M. Wei, Esq. Dear Readers – Happy New Year! This marks my 100th post. I am still frequently getting calls from borrowers who say they have read my blog and have questions about challenging a foreclosure. I am not totally convinced they read my blog because I often say that I work for [...]
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I do a lot of defense work, and readers of this blog know that I work primarily for private lenders (not institutional lenders). This means I defend against a lot of TILA rescission claims. The current state of TILA rescissions is somewhat murky with circuit courts across the nation having to fill in the logistical [...]
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Last week, New Jersey Bankruptcy court judge, the Hon. Judith Wizmur granted debtor John Kemp’s application to expunge Countrywide’s proof of claim. Countrywide’s successor Bank of New York filed a proof of claim in Kemp’s bankruptcy, which is typical in a bankruptcy proceeding. However, borrowers and their bankruptcy counsel are becoming more aggressive in scrutinizing [...]
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The Davises sued their lender in Federal Court alleging violations of the Racketeering Act (RICO) and the Federal Fair Debt Collection Practices Act. Essentially, they claimed they were damaged because the bank employees were “robo-signers” on their foreclosure documents and that the foreclosure affidavits were fraudulent. However, the plaintiffs lost their home in [...]
Tags:foreclosure defense
