Newport Beach, CA (Vocus/PRWEB) March 02, 2011
Recent media reports that the Obama administration is attempting to reach an agreement with banks more than mortgage-servicing breakdowns highlights the require for homeowners facing foreclosure to have legal counsel prior to any settlement, according to Vito Torchia, Jr. managing lawyer of Brookstone Law.

According to media reports, the Administration’s proposed settlement would require banks and loan servicers to bear the expense of write downs but provides banks the freedom to decide what these modifications will be. Those servicers would include mortgage-finance giants Fannie Mae and Freddie Mac, as well as investors in loans that had been securitized by Wall Street firms. Settlement terms stay in improvement and regulators are seeking at up to 14 servicers that could be a celebration to the settlement.

Brookstone Law, Computer, has filed a mass joinder lawsuit against Bank of America, potentially the most significant and precedent setting legal action taken against lenders as a result of the national foreclosure crisis. The lawsuit alleges Bank of America (BOA) and its subsidiary Countrywide Financial Corporation (Countrywide) perpetrated a enormous fraud, also constituting unfair competitors upon borrowers that devastated the values of their residences, resulting in the loss of net worth, and that BOA and Countrywide intended to deprive many rights and treatments for the difficulties they caused the borrowers. The case is Wright et al. v. Bank of America, N.A. et al., case no.30-2011-00449059-CU-MT-CXC filed in Orange County Superior Court.

Now that the U.S. Government is discussing settlements that will defuse lawsuits against the banks that specifically challenge elements of mortgage securitization, the broken chain of title or MERS, principal reduction is the most critical aspect of any settlement, said Vito Torchia, Jr. Until banks and servicers totally embrace principal reductions, the thousands of homeowners who are underwater will continue to struggle and that will preserve the housing marketplace and our economy down for years.

According to media reports in the Wall Street Journal, Federal agencies have been scrutinizing the nation’s largest banks more than breakdowns in foreclosure procedures that erupted final fall and last week, the Office of the Comptroller of the Currency raised issues more than inadequate staffing and weak controls over foreclosure processes. In 2008, BOA settled claims worth more than $ eight.six billion for loans allegedly involving predatory lending practices committed by Countrywide, which it acquired that year.

Any settlement could be amongst the biggest ever against the mortgage sector especially considering that some are pushing for banks to spend billions or fund a comparable quantity of loan workouts, stated Vito Torchia, Jr. If a single settlement can’t be reached, it is most likely various federal agencies will nonetheless seek smaller sized penalties through regular enforcement channels, so banks could face the prospect of lawsuits from state attorneys common, which indicates property owners require for professional legal counsel will be just as wonderful right after any settlement as it is now.

ABOUT BROOKSTONE LAW, Computer 
Headquartered in Newport Beach, Calif., and with offices in Los Angeles, Calif., and Ft. Lauderdale, Fla., Brookstone Law, Computer is a law firm comprised of attorneys with expertise and accomplishment in business, corporate and individual finance, employment, entertainment and media, art and museum, intellectual property and true estate law. The firm has a network of more than 40 affiliate attorneys nationwide and employs very trained specialists, paralegals, paraprofessionals and administrative staff dedicated to serving clients. For info, call (800) 946-8655 or go to Brookstone-Law.com (http://www.brookstone-law.com).

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