Firm commentary:  This should come as no surprise.      The full list of the top 10 state with the highest foreclosure rates: "1. Nevada: 6 percent (1 in 16 housing units received at least one foreclosure filing in...

Continue reading "2011 Highest state foreclosure rate: One in 31 homes in California" »

Firm Commentary: The attached case is a strong ruling overturning a bankruptcy court's granting of a Motion for Relief of Stay where evidence exists that someone other than Bank of America owns a mortgage loan.  http://xa.yimg.com/kq/groups/21961710/1110490775/name/Sardana+v+Bank+of+America.%2C+9th+Cir.+BAP.June.07.2011.pdf As is typical, BofA...

Continue reading "Bank of America Motion for Relief of Stay REVERSED on appeal" »

Firm commentary:  The firm has filed four lawsuits against loan servicers for their failure to comply with HAMP loan mods.  Three cases were settled and loan mods were obtained by borrowers.  In the fourth case, the bankruptcy court ruled that...

Continue reading "HAMP lawsuit against Bank of America allowed in new Massachusetts case" »

Firm commentary:  in the last 3 months, the Firm has filed 4 class action law suits based on the folling theory:  A recorded assignment constitutes a transfer of a mortgage loan to a new creditor, when such a transfer occurs,...

Continue reading "Bank of America 131g TILA violation survives, opens door for victims of assignment fraud" »

This firm has filed a Class Action lawsuit against Aurora Loan Services LLC seeking damages and equitable relief from Aurora's business practice utilizing photo-shopped Assignment's of Deeds of Trust and false declarations in thousands of California bankruptcy cases.  Though the...

Continue reading "Class Action alleges AURORA photo-shops "Assignments" to win in Bankruptcy Court " »

For those California homeowners facing financial distress, demanding that your loan servicer "show you the original note" that you signed years agao as evidence of your debt...is a waste of time.  You need to focus on assignment fraud. Unlike Florida,...

Continue reading ""SHOW ME the NOTE" legal theory is DEAD in CA" »

Reversing a foreclosure sale:  Avoiding the "Tender Rule" Firm commentary: If you are considering suing to reverse a foreclosure sale, consider the LONA case for a better understanding on CA non-judicial sales and exceptions to the requirement that you must...

Continue reading "Reversing your CA Foreclosure Sale under new Case Law" »

Firm commentary: the article below details how the Federal Government has failed to prosecute lenders, servicers and agents for the mass foreclosure fraud being perpetrated throughout the country.  To see a sample the type of phony documents ther Firm sees...

Continue reading "Our Fed Government is failing to prosecute mass foreclosure fraud" »

http://xa.yimg.com/kq/groups/21961710/2146019722/name/Lona+v.+Citibank.pdf Firm commentary: If you wait long enough, some court state will eventually get it.  Finally, a California appellate court has rejected the tender rule in  Lona v. Citibank, a case from the Sixth District Court of Appeal in San Jose. ...

Continue reading "Game changing Foreclosure Defense case: exceptions to the "Tender rule"" »

Firm commentary: On Dec 15, 2011, a Federal District court judge rejected the Tender Rule expressed the Calvo case and made the following determinations in TAMBURRI v. SUNTRUST MORTGAGE, INC : 1. Where a foreclosure sale is void, rather than simply voidable,...

Continue reading "New Foreclosure defense case: REJECTING CALVO and "Tender rule"" »