Calabasas, California (PRWEB) May 03, 2011
A jury in Georgia not too long ago awarded a Fort Benning Army sergeant, David Brash, more than twenty million dollars since of what attorney Philip A. Kramer calls the egregious style of his lender (David Brash v. PHH Mortgage Corp., undertaking company as Coldwell Banker case Quantity: four:2009cv00146 Georgia Middle District Court).

For the duration of his testimony, Brash stated that considering that he was going into combat, he set up an automatic mortgage payment, but following eighteen months, Coldwell Banker began sending late payment notices and generating telephone calls demanding payment. Concerned that a negative report to the credit reporting agencies may possibly negatively influence his military career and make it hard to get a safety clearance, Brash instantly contacted the bank to inform the lender of their error and to make confident that Coldwell Banker did not erroneously report a late payment to the credit bureaus.

According to court documents, Brash made many attempts to right the banks erroneous reporting of delinquencies even though the bank was in reality getting mortgage payments by means of automatic deduction from Sergeant Brashs account. Also according to court documents, Sergeant Brashs letters to the mortgage company went unanswered violating federal laws. His phone calls were routed to overseas consumer service workers who had been unable to answer his inquiries.

For the duration of the trial, the bank was forced to admit that their overseas employees had limited access to information. The bank was additional embarrassed when numerous of the calls all recorded by PHH as a matter of standard operating procedure, had been played in court. According to the recordings played in court, Brash was placed on hold for 30, 40 , and at least when for 55 minutes, and then, if he wasnt disconnected, would be presented with a distinct response and a promise to get back to him which in no way occurred.

Philip Kramer, a perennial recipient of the prestigious Southern California Super Lawyer award, says he was appalled by Sergeant Brashs remedy, but not shocked. I deal with home owners complaints each and every day and am currently leading numerous of the biggest mass joinder lawsuits ever brought against the banks for their poor behavior in the mortgage crisis, says Kramer. Each day, I deal with individuals whose homes are in foreclosure, and it in no way ceases to amaze me how callous, and typically incompetent, the banks behavior is in dealing with people. Im not surprised that a jury awarded Mr. Bash so significantly for his problems.

According to Brashs testimony, he recognized that he was not generating progress with the bank by way of his personal private efforts, so he engaged an attorney to represent him. Initially, Brash mentioned all he sought was to avoid a damaging report to the credit bureaus. Regardless of several phone calls and written requests, in November 2009, Brash was reported as becoming significant delinquent to credit reporting agencies.

When the matter went to trial, the jury was appalled at how David Brash had been treated, says Philip Kramer. According to court documents, the jury awarded Brash 1 million dollars in compensatory damages plus $ 575 for out of pocket costs. They also awarded him $ 350,000 for attorney costs. The 20 million dollar award was for punitive damages.

No a single goes into a trial for exciting, says Kramer. The bank had each chance right here to appropriate their errors, and instead by way of incompetence and denial, the produced matters worse and worse. Its a sad comment when even the military gets no respect, when they behave like this toward a patriot, a man who puts himself in harms way to safeguard our nation. I want that none of my clientele required my aid. But unless the banks begin to get it and adjust their behavior, Im sad to say I feel there are going to be a lot much more folks looking for legal redress.

http://www.gadailynews.com/news/columbus/64192-sergeant-awarded-20-million.html#ixzz1LE000gze

ABOUT PHILIP KRAMER
PHILIP A. KRAMER is the senior companion of the Law Workplace of Kramer & Kaslow, in Calabasas, California. Kramer & Kaslow is Martindale Hubbell AV rated. Mr. Kramer is a perennial recipient of the prestigious Southern California Super Lawyer award.

Mr. Kramer received his undergraduate degree from Ohio State University and his Juris Doctorate from the Catholic University of America, in Washington, DC. His practice emphasizes commercial litigation and trial advocacy, with a concentration on enterprise litigation, and true property matters. He has prosecuted and defended instances for over twenty five years.

Mr. Kramer is a licensed genuine estate broker and has spent considerable time supplying legal solutions in connection with real estate problems relating to loan modification and loss mitigation, land use and zoning, environmental troubles, easements, building and development, finance, and landlord tenant matters.

Mr. Kramer is admitted to practice ahead of all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has attempted in excess of 200 situations. He has appeared on nationally televised programs with regards to pre-trial process and trial technique and has appeared as a guest lecturer on subjects ranging from constitutional law to trial practice, and Mr. Kramer frequently lectures on a broad spectrum of a variety of legal and business issues.

Mr. Kramer also serves as a Judge Pro Tem for the Los Angeles Superior Court and as a Mediator.

Mr. Kramer is also a past president of the Los Angeles West Inns of Court, a national organization committed to bringing professionalism and civility back into the legal profession. He also serves on many Boards of Directors and serves as an officer in a lot of businesses. For much more information call (818) 224-3900 or go to http://kramer-kaslow.com

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