by Carol Lawson Esq | Sep 30, 2014 | Foreclosure, Uncategorized
The Third District California Court of Appeal, affirmed the dismissal of the borrower’s complaint, ruling a wrongful foreclosure cause of action based on alleged defects in the assignment and securitization of the mortgage loan requires the borrower to demonstrate resulting prejudice.
The Court held that the Borrower lacked standing to challenge the transfer because she was not party to the assignment, nor was she the intended recipient of the assignment.
A copy of the opinion is available at: http://www.courts.ca.gov/opinions/documents/C071882.PDF
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
by Carol Lawson Esq | Sep 25, 2014 | Florida Foreclosures, Foreclosure
Foreclosure inventory is down nationwide, but the delinquency rate is up, according to Black Knight Financial Services‘ “First Look” at August Mortgage Data released on September 25.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
by Carol Lawson Esq | Sep 11, 2014 | Uncategorized
by Carol Lawson Esq | Jul 21, 2014 | Loan Modification
A jury has awarded $16.2 million in damages to a Yuba County homeowner who nearly lost his home to foreclosure after his loan servicer botched his mortgage modification.
Phillip Linza, a homeowner in Plumas Lake, was awarded the damages after a three-year battle against PHH Mortgage Services, a loan servicer based in Mount Laurel, N.J. A Yuba County Superior Court jury decided on the award earlier this week.
Linza’s attorneys Andre Chernay and Jon Oldenburg of the United Law Center in Roseville, said the award included $514,000 in compensatory damages and $15.7 million in punitive damages. They said it ranked among the biggest jury awards they’ve encountered in years of representing homeowners in foreclosure and other mortgage-related cases.
This case involved a botched loan modification. The borrowers made all the trial payments as instructed.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
