Tag Archives: Suit

United Law Group Files Suit Against Bank of America on Behalf of John Wright

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Santa Clara, CA (Vocus) March 23, 2010

United Law Group filed a complaint (case number 1-ten-CV-166846) on March 18, 2010 in the Superior Court of the State of California, County of Santa Clara, against Bank of America and its subsidiary Countrywide Property Loans, Inc. for breaches of contractual obligations, violation of the Restatement (Second) of Contracts Section 205, emotional distress, and violation of California Organization and Professions Code Section 17200.

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This case states that though John Wright qualified for a mortgage modification below the Federal Property Inexpensive Modification Program (HAMP), he was denied access to the government-sponsored strategy.

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I met the qualifications for HAMP and with United Law Group assisting me did every little thing the bank asked, mentioned Mr. Wright.

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Mr. Wright continued to make the necessary payments in a timely manner and referred to as Bank of America frequently to ensure the success of the procedure. Each time he was told not to be concerned.

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At one particular point a bank representative told me that I had nothing to be concerned about since Id completed every thing appropriate, said Mr. Wright. I happy the monetary terms of the trial modification and submitted the essential documentation before the August two, 2009 deadline, but Bank of America nonetheless sent a Notice of Intent to Accelerate.

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At the completion of the Trial Period Bank of America claimed it did not have the essential paperwork. In spite of numerous attempts by Mr. Wright to fax, re-fax and submit the documents by certified carrier, Mr. Wright received a letter on February 16, 2010 refusing his loan modification and demanding that he pay a lump sum payment or risk foreclosure proceedings.

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John Wright and his economic scenario have been abused by the bank to the point exactly where litigation is his only recourse, stated Robert Buscho, Managing Lawyer for United Law Group. Sadly, his case is not distinctive. Millions of innocent, challenging operating citizens are getting misled and abused by the banks. Unless property owners take a stand this will not adjust.

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United Law Group requires an aggressive stance against predatory lending practices and is an outspoken advocate on behalf of honest citizens who have been hurt by the housing and mortgage crisis.

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We filed the case on behalf of Mr. Wright since the banks can not be permitted to continue to blatantly disregard this crisis, said Buscho. The United States government has asked banks to be a component of the remedy and has gone so far as to use taxpayer dollars as an incentive. We are merely carrying the torch lit by our officials to shed a light on and hopefully remediate predatory practices.

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The banks use misinformation and misdirection till you cannot distinguish the very good guys from the poor guys. They make you afraid to get assist, mentioned Mr. Wright. Its ironic to me that United Law Groups reputation is in query proper now. Theyve been truthful with me throughout this ordeal and I count my blessings that I have United Law Group on my group.

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The firm made the news recently when a group of officials entered their offices to evaluate the operate they are doing for their clientele.

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Its been the banks that have mislead the public, mentioned Mr. Wright. United Law Group could have shut their doors and stopped helping folks after obtaining their practice was questioned, but they didnt. They were in the midst of preparing my case prior to it occurred and their attorneys filed my suit against Bank of America seven days later.

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About United Law Group&#13

United Law Group represents shoppers in complicated litigation regarding abusive banking practices, breaches of contract and violations of state and federal laws. United Law Group also litigates cases involving bankruptcy, IRS settlements and debt settlements in state and federal courts across the nation. Employing a team of leading-notch attorneys, United Law Group leverages major-edge technologies to handle instances, support investigative efforts and guarantee correct, frequent communication with its clients. The firm is at present forming many class action lawsuits.

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Sean Rutledge Files Suit Against the California State Bar and Chief Counsel Representative Tim Byer

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Irvine, CA (Vocus) August 7, 2009

Sean Rutledge these days announced that he has filed a complaint in the Superior Court of the State of California County of Orange Central Justice Center against Tim Byer, Chief Counsel for the California State Bar, and the California State Bar for violation of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (case number CV09- 5475 PSG (RCx)).

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The complaint, which was filed on July 27, 2009, alleges that Tim Byer and The California State Bar violated Sean Rutledges Civil Rights beneath these acts by refusing to offer Rutledge “any accommodation” needed because of his Sort-1 diabetes. These accommodations would have allowed him to attend a pre-filing, private conference, to defend himself against the filing of charges against him, which could result in his disbarment.

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The charges filed against Sean Rutledge in early July outline seven counts of misconduct in handling a loan modification in a case exactly where the person received a full refund a lot more than two months prior to the State Bars complaint. The Rule 7 Conference for this case is scheduled for August 11, 2009.

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Rutledges presence at the pre-filing could have prevented these unnecessary charges. Nonetheless, in one particular response to the initial request Byer allegedly said, Below no circumstances will I grant that little Al Capone Any accommodation at all. Extra written requests had been ignored.

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Rutledge seeks an injunction ordering the Defendants to comply with the statutes. Actual, compensatory and statutory damages for violations of the civil rights beneath state and federal law as properly as punitive damages beneath federal law are also getting sought.

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Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act&#13

Title II of the Americans with Disabilities Act (ADA) provides that “no certified person with a disability shall, by explanation of such disability, be excluded from participation in or be denied the advantage of the services, applications, or activities of a public entity, or be subjected to discrimination by any such entity.” A “public agency” is defined as “any division, agency, special purpose district, or other instrumentality of a State or States or nearby government.”

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Section 504 of the Rehabilitation Act states that “no otherwise qualified person with a disabilityshall, solely by explanation of her or his disability, be excluded from the participation in, be denied the advantages of, or be subjected to discrimination below any plan or activity receiving federal monetary help.”

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For further details call Corvi Urling at (800) 680-5717.

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Multi-Celebration Suit Filed By Property owners Against Bank of America et al

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Roseville, California (PRWEB) August 24, 2011

On Wednesday August 17, 2011, United Foreclosure Lawyer Network (UFAN) filed suit in Superior Court in Sacramento, CA (case number 34-2011-00109314) on behalf of more than 100 homeowners against Bank of America and other people alleged by Plaintiffs to be involved in a scheme to defraud and otherwise take benefit of American homeowners.

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According to UFANs managing attorney Kristin Crone, This is a chance for home owners to fight for their rights. And, it will be a fight. The complaint particulars how a vast quantity of property owners nationwide are facing mortgage debts far higher than the value of their homes. Some property owners lost what equity investments they had in their houses when the housing marketplace crashed.

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The lawsuit levies blame for the crash of the mortgage market place against large banks and mortgage lenders. According to the complaint, among 2000 and present, mortgages had been packaged up in pools and the pools have been sold to investors. Because a bank could rapidly recoup amounts spent issuing mortgages by the sale of these pools of mortgages (otherwise known as Residential Mortgage Backed Securities, or RMBS), the banks incentivized mortgage brokers and lending institutions with higher fees for origination (yield spread premiums, origination charges, and discount costs). These fee incentives encouraged the origination of hugely predatory loans to men and women who could not afford the loans extended term, the complaint alleges.

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The complaint alleges that the terms of the loans have been complicated and tough to comprehend even for sophisticated borrowers. A lot of of the loans had a two to five year period of a low fixed interest price and interest only payments. Most home owners were promised a refinance prior to the increased payments due at the end of the fixed rate period. But, when the time came to refinance, in spite of the truth that the monetary scenario of the borrower a lot of times remained the same, no refinance was provided. In some instances, refinances or loan mods were granted but they truly improved the borrowers month-to-month payment and/or necessary a huge money payment up front of $ ten,000 or far more.

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Court documents show that the lead Plaintiff in the case, like several others, was told by Bank of America to quit her mortgage payments in order to be considered for a loan modification. The homeowner stopped her payments and started negotiations for far more fair terms with the bank. Smartly, the homeowner saved money so she could bring her loan existing if negotiations had been not fruitful. The complaint alleges that she was promised her home would not be foreclosed even though she was being regarded for a loan modification. She told bank representatives that she could bring her loan current if it was going to sell. Court documents show that the bank promised her the foreclosure would be postponed. It was not. This client has now permanently lost her property to a third party buyer.

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UFAN plans to bring claims against all of the key banks on behalf of property owners within the subsequent handful of months. Our consumers want to fight for their rights and they are just asking for a fair shake, says Ms. Crone. We are attempting to give them the likelihood to be heard and to try to stay in their homes under affordable loan terms. The banks have been providing everyone the runaround by way of loss mitigation departments that repeatedly shed documents and claim to perform with homeowners whilst selling their residences out from beneath them. Filing suit was a last resort for many of our clients, but the bank produced it appear as if it was the only way to truly get their focus.

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Complementary consultations offered.

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ABOUT UNITED FORECLOSURE Attorney NETWORK

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The United Foreclosure Attorney Network (UFAN) is a Roseville, California-based law firm practicing on the cutting edge of mortgage fraud and foreclosure defense. UFAN represents consumers who have been victims of predatory lending and/or wrongful foreclosure. The committed attorneys and employees at UFAN perform tirelessly to seek justice for fraudulent mortgage practices and fight for the rights of American property owners. For far more details contact toll free of charge 1-866-400-4242.

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This release might constitute attorney advertisement. The data in this release and on the United Foreclosure Lawyer Network (TheUFAN.com) internet site is for basic details purposes only. Absolutely nothing in this release or on the United Foreclosure Attorney Network (TheUFAN.com) website ought to be taken as legal advice. Prior successes are no guarantee of future overall performance. Litigation is inherently uncertain and benefits in litigation are in no way assured.

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Consumer Protection Assistance Coalition (CPAC) Non Profit Law Clinic Assists Homeowner Obtain Principal Reduction with Foreclosure Lender Law Suit Settlement

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Washington, DC (PRWEB) December 11, 2010

According to CPAC’s court filings, Mr. Wang of California had received a Notice of Trustee Sale on his family’s home well after he was purposely misled by his lender about an ever elusive loan modification that in no way materialized. Despite the fact that, according to court filings, they accepted 10 months of temporary trail modification payments that apparently had been never applied to his mortgage balance. All the while he was being reassured the loan modification looked very good, Mr. Wang stated that his plea for assist was eventually rejected. Mr. Wang states he never ever requested a reduced loan quantity. He only wanted a steady and sensible interest price so he could not comprehend why his lender rejected him. According to Mr. Wang his Lender then recommended he brief sell his residence, he painfully agreed to do so to steer clear of foreclosure but according to Mr. Wang’s licensed True Estate Broker, his lender rejected gives presented to them, so the foreclosure seemed unavoidable. Sounds like a very typical story so far?

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According to Mr. Wang he is now only accountable for a loan balance that is $ 250,000 significantly less on the same home. The 30-year fixed rate now permits the stability he initially was seeking and a payment that is less than half which includes tax and insurance coverage. His prior loan had a crazy variable payment with tax and insurance paid separately that was more than double! What happened you ask? Mr. Wang’s Church referred him to one of the employees members at Customer Protection Assistance Coalition (CPAC) the Non Profit Law Clinic.

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Mr. Charles Ton, a single of the 3 Directors for CPAC and a Licensed Litigation Lawyer was offered to comment Thankfully Mr. Wang was willing to take a a lot more aggressive offensive method and decided to file a Civil Law Suit against his foreclosing lender and the accurate Note holder who we later discovered had no thought Mr. Wang wanted to hold the property let alone in a position to afford the home with a minor modification. We quickly identified what appeared to us as more than 40 State and Federal violations in his loan relationship and instantly filed a law suit on his behalf (Filed 11/12/09 – SUPERIOR COURT OF SANTA CLARA CASE # 109CV1572) CPAC legal staff found what appeared to have not only loan origination but a variety of alleged predatory lending violations as well. Primarily based on the complaint filed with the court, the servicing of the loan was now also in query since of what appeared to be predatory in nature. Charles Ton adds The icing on the cake was that by means of our discovery and investigation we discovered that the original Notes whereabouts might not be so easily identified due to multiple beneficiary transfers, one being the infamous MERS creating the ownership of the Note potentially extremely difficult to prove, in my book no ownership, no standing, no legal standing, no foreclosure.

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Mr. Ton adds Most individuals may believe you want a lengthy high-priced jury trial to get these kind of final results, at least thats what a typical attorney will have you believe. The truth of the matter is these kinds of illegalities misrepresentation and fraudulent organization practices are really generally identified and guess whos recognized this for decades? You guessed it, the lenders and their attorneys. What sets us apart from all other law firms is we are a accurate Non Profit Organization registered with the federal government. Despite the fact that we dont get any government funding but and we would really like to help far more Americans in need to have, we nonetheless do what we can and what we do, no one else does like we do it”.

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According to post litigation records, CPAC arranged a settlement that permitted Mr. Wang, his wife, young children and grandfather to not only move back in to their home, but now the balance owed on the same residence is $ 250,000 much less than prior to. Charles Ton states “We’ve achieved a variety of settlements with comparable final results. The funny point is that in the Wang case, Mr. Wang originally didnt ask for any principal reduction at all, he only asked his lender for a easy stable price adjustment. People dont understand that majority of houses obtaining foreclosed on right now are really questionable and could not even be legal as has been quite recently produced public by the 50 atate lawyer generals investigation. We want individuals to recognize that this is our mission, educating the public that the United States court technique can and will defend the consumer the customer just demands to know who, how and when.

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Charles Ton continues to state With the modest amount of resources we have and the cooperation of the customer we turn the tables on the lender. We pre-qualify the homeowner for one particular of numerous permanent principal reduction applications for free of charge although we carry out a cost-free Lender Fraud and Violation Evaluation and educate and inform Americans of their God given consumer civil rights.

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Consumer Protection Assistance Coalition (CPAC), a federally registered Non Profit Law Clinic with locations in Arizona, California and Washington DC can aid struggling property owners in 48 States thru reputable and knowledgeable Licensed Attorneys in every State. CPAC delivers many totally free services and merchandise to these who might advantage from them as effectively as extremely aggressive and effective legal representation when necessary. Mr. Ton adds “Tell your neighbor, co-worker, pals and loved ones that its by no means too late, weve helped men and women even following theyve been foreclosed on and accomplished complete trustee sale reversals, even if your existing on your loan and just want out, we don’t operate with your lender, we function against them using a venue that makes it possible for the average American to beat the Wall Street tycoon.” Charles Ton makes his final comment “As soon as the American consumer decides that he has had adequate of being abused by their lender they have power. The energy of the court system, this kind of energy can result in our court method figuring out that the lender was in fact in the incorrect and the American consumer will have his day in court. Possibly even get a the whole loan eliminated! Quiet Title suits until now have been believed to be a myth, not now, not right here in California like the current Nguyen vs. Chase Bank (Case cv09-4589-AHM filed in U.S District Court) related to Mr. Wang, he decided to use the court system and now he not only gets to maintain his home, but even greater than Mr. Wang’s outcome, according to the Judges ruling the loan was entirely eliminated! This is how strong and how fair our court method can be when individuals make the choice to use it when they’ve had adequate”. CPAC Non Profit Law Clinic. (866)773-7864 or visit us on our web website at http://www.CPACaid.org.

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Kramer Kaslow Files Suit Against Ally Bank

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Calabasas, CA (PRWEB) April 21, 2011

Kramer-Kaslow, has filed a mass joinder lawsuit against Ally Bank, N.A. (ALLY) in Los Angeles Superior Court (Kennedy v. Ally, Case number BC459747) in what is potentially the most considerable and precedent-setting legal action taken against lenders as a result of the national foreclosure crisis, it was announced today by Philip Kramer, Esq. of Kramer &amp Kaslow.

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The firm has filed suit on behalf of a mass joinder of plaintiffs in search of damages and injunctive relief as a outcome of what it says is the bank’s alleged fraud and several violations of Local, State, and Federal consumer protection laws. Relief is being sought for alleged fraud, to cease the alleged illegal sale of plaintiffs residences, to force the bank to cease and desist from their alleged outrageous conduct, as properly as to seek compensatory damages on behalf of the plaintiffs.

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The lawsuit alleges that ALLY perpetrated a enormous fraud, also constituting unfair competition upon borrowers that devastated the values of their residences, resulting in the loss of net worth even as ALLY enriched itself by knowingly selling financial instruments primarily based on a value the bank knew to be unwarranted. The suit also alleges that ALLY further intended to deprive quite a few rights and treatments for the problems they caused the borrowers and Mr. Kramer says that he believes that the harm accomplished to the plaintiffs is exceeded only by the scale of the banks conduct as asserted in the plaintiffs suit.

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According to court documents, the lawsuit claims the bank disregarded underwriting requirements and implemented a enormous fraud that was concealed from borrowers and other mortgagees on an unprecedented scale. The lawsuit alleges that, as a outcome of the banks actions, borrowers lost equity in their homes, their credit ratings and histories have been destroyed and they incurred unnecessary fees and expenditures.

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Mr. Kramer says the lawsuit also challenges the alleged fraudulent and illegal use of MERS in connection with the loans and mortgages, as nicely as the defendants alleged failure to execute their obligations pursuant to accepting TARP funds.

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The lawsuit’s filing coincides with a current decision in a class action suit that invalidated far more than 10,000 foreclosure circumstances managed by GMAC Mortgage simply because affidavits in the circumstances had been signed by a GMAC robo-signer who, according to court documents, attested to the authenticity of foreclosure documents without having any information about them, as effectively as signing other false statements in the case Manson v. GMAC Mortgage LLC, 08-cv-12166, U.S. District Court, District of Massachusetts (Boston).

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I am convinced that for the very first time that aggrieved homeowners are going to get a fighting opportunity, says attorney Philip Kramer. Till now, the banks have had their way, employing and abusing the technique at the expense of distressed homeowners across the nation. Now, soon after years of abusing home owners and the greater public, the bank bullies are obtaining a great stiff legal punch in the nose.

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ABOUT PHILIP KRAMER&#13

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

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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 organization litigation, and actual property matters. He has prosecuted and defended circumstances for over twenty 5 years.

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Mr. Kramer is a licensed actual estate broker and has spent considerable time offering legal services in connection with actual estate problems relating to loan modification and loss mitigation, land use and zoning, environmental issues, easements, construction and development, finance, and landlord tenant matters.

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Mr. Kramer is admitted to practice prior to 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 instances. He has appeared on nationally televised applications relating to pre-trial process and trial approach and has appeared as a guest lecturer on topics ranging from constitutional law to trial practice, and Mr. Kramer frequently lectures on a broad spectrum of different legal and business problems.

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

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Mr. Kramer is also a previous president of the Los Angeles West Inns of Court, a national organization dedicated to bringing back professionalism and civility into the legal profession. He also serves on quite a few Boards of Directors and serves as an officer in several businesses. For more information, visit http://www.kramer-kaslow.com.

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Kramer Kaslow: House Mortgage Servicer Sues Lender in Unprecedented Law Suit

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Calabasas, CA (PRWEB) Might 31, 2011

Consolidated plaintiff litigation attorney Philip A. Kramer announced not too long ago that 1 West Bank, a servicer of residence mortgages, is suing a lender, HSBC, in order to avoid them from foreclosing on homeowner Pamela Jeter. (1 West Bank, FSB vs HSBC Bank Association, as trustee of the Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006-AR5 United States District Court, Southern District of New York Case 1:10-cv-04855-SHS).

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News websites such as Propublica.org are weighing in on the suit. The suit is exceptional not only because it seems distinctive — close observers stated they hadn’t noticed another instance of a servicer going to court against a trustee — but also since it lays bare a relationship that is normally a mystery to homeowners and investors in securitized mortgages, stated Propublica.org representatives.

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Philip Kramer, an attorney and senior companion at the law firm of Kramer &amp Kaslow as effectively as a previous president of the Los Angeles West Inns of Court, a national organization dedicated to bringing professionalism and civility back into the legal profession also weighed in on the suit. In all my years of practicing law, I have in no way observed anything like this, says Philip Kramer. I have noticed lenders deny men and women ahead of. I have observed paperwork get lost. I have observed all types of things, but what happened next was a 1st even for me. For a servicer to sue the noteholder? That is unheard of!

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ABOUT PHILIP KRAMER&#13

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

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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 industrial litigation and trial advocacy, with a concentration on company litigation, and real house matters. He has prosecuted and defended cases for more than twenty five years.

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Mr. Kramer is a licensed actual estate broker and has spent considerable time providing legal solutions in connection with actual estate issues relating to loan modification and loss mitigation, land use and zoning, environmental issues, easements, construction and development, finance, and landlord tenant matters.

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Mr. Kramer is admitted to practice prior to all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has tried in excess of 200 circumstances. He has appeared on nationally televised applications with regards to pre-trial process and trial strategy and has appeared as a guest lecturer on topics ranging from constitutional law to trial practice, and Mr. Kramer frequently lectures on a broad spectrum of various legal and company problems.

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

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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 numerous Boards of Directors and serves as an officer in several organizations. For a lot more details get in touch with (818) 224-3900 or check out http://kramer-kaslow.com

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Kramer and Kaslow: Class Action Suit Brought Against JPMorgan

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Calabasas, CA (PRWEB) June 01, 2011

According to a recent New York Instances article, A class action lawsuit has been filed on behalf of the investors (The suit was filed in United States District Court Southern District of New York. Case 1:09-cv-00686-DCF) alleging that JPMorgan workers developed a grand scheme to profit from Sigma in the event of a collapse.

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The New York Occasions goes on to report that, The case, which is filed as a class action and consists of several pension funds as named plaintiffs, accuses JPMorgan of breaching its duty to maintain its consumers in protected investments, and it sheds new light on one particular of Wall Streets oldest troubles regardless of whether banks treat their clientele cash with the identical care that they treat their own.”

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Renowned litigator Philip Kramer, senior partner at the law firm of Kramer &amp Kaslow, comments, Chase had understanding of the shaky nature of the investment at the extremely highest level. Its one factor to make a error. That happens all the time. But this was not an oversight. This was not an accident.

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ABOUT PHILIP KRAMER&#13

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

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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 industrial litigation and trial advocacy, with a concentration on organization litigation, and true home matters. He has prosecuted and defended instances for over twenty 5 years.

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Mr. Kramer is a licensed actual estate broker and has spent considerable time providing legal services in connection with true estate problems relating to loan modification and loss mitigation, land use and zoning, environmental problems, easements, building and improvement, finance, and landlord tenant matters.

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Mr. Kramer is admitted to practice just before all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has tried in excess of 200 cases. He has appeared on nationally televised applications relating to pre-trial procedure and trial approach and has appeared as a guest lecturer on topics ranging from constitutional law to trial practice, and Mr. Kramer frequently lectures on a broad spectrum of numerous legal and business issues.

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

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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 many firms. For more data get in touch with (818) 224-3900 or visit http://kramer-kaslow.com

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Philip Kramer Responds to Deutsche Bank Suit Against Foreclosure Expert

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Calabasas, California (PRWEB) June 12, 2011

The Law Offices of Kramer and Kaslow not too long ago weighed in on a news article published on the Huffington Post net website final month. According to the Huffington Post’s report, Deutsche Bank is suing the son of foreclosure specialist Lynn Szymoniak for what she is quoted in the post is “in retribution for her efforts to bring their malfeasance to light.”

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Ms. Szymoniak not too long ago appeared on an April 3, 2011 60 Minutes episode, and blasted the lenders for what she believes are their errant ways. For far more particulars, view Ms. Szymoniaks response to the Deutsche Bank suit (Palm Beach Circuit Court, CASE NO: 50 2008 CA 022258 XXXXMB)

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In the Huffington Post post, it is reported that shortly right after the look on 60 Minutes: Szymoniak won a key victory in her personal foreclosure case. The court identified that Deutsche Bank was unable to demonstrate ownership of her mortgage, which had initially been issued by the defunct subprime mortgage lender Alternative 1, and threw the case out.

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According to court documents, Deutsche Bank was permitted to re-file their case if the bank could get appropriate documentation, however. And on Friday, May 6, Szymoniak received a notification from the bank’s lawyers that she was once more being sued for foreclosure.

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Additionally, according to court documents, Deutsche Bank wasn’t just going soon after her. The bank was also attempting to sue her son, Mark Cullen, who is presently pursuing a graduate degree in poetry at the New College in New York. Cullen hasn’t lived in Szymoniak’s home for seven years and is not a celebration to any aspect of her mortgage — he has no interest in either the property or the loan, and by no means has had any such interest, according to Szymoniak.

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“It is just absolute harassment,” Szymoniak mentioned in her interview with the Huffington Post. “He does not personal anything, for god’s sake! He’s receiving a masters in poetry. He not only doesn’t have any funds, he’s by no means going to have any funds.”

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Each Deutsche Bank and their legal counsel, Akerman Sentertfitt LLP, declined to comment.

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California-primarily based consolidated plaintiff litigation attorney Philip Kramer, whose Kramer &amp Kaslow law firm has filed a number of lawsuits against lenders on behalf of property owners comments, I am not shocked to hear that Deutsche Bank had improper record keeping. That is rampant. I am not shocked that they re-filed the suit. It was either that or by their silence admit wrongdoing. What is startling is that they would seek retribution against an innocent third party. I cant believe that any court will let this stand.

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Learn more by going to the Kramer and Kaslow weblog.

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ABOUT PHILIP KRAMER&#13

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

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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 house matters. He has prosecuted and defended instances for more than twenty five years.

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

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Mr. Kramer is admitted to practice before all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has tried in excess of 200 instances. He has appeared on nationally televised programs regarding pre-trial process and trial approach 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 numerous legal and business troubles.

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

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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 several Boards of Directors and serves as an officer in many businesses. For a lot more data call (818) 224-3900 or visit http://kramer-kaslow.com

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Multi-Party Suit Filed by Homeowners Against JP Morgan Chase et al

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Roseville, California (PRWEB) October 27, 2011

On Tuesday October 18, 2011, United Foreclosure Attorney Network (UFAN) filed suit in Superior Court in Martinez, CA (case number C-11-02390) on behalf of many home owners against JP Morgan Chase and other individuals alleged by Plaintiffs to be involved in a scheme to defraud and otherwise take advantage of investors and borrowers.

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The complaint information how the lending practices of JP Morgan Chase led straight to Plaintiffs becoming placed in harmful and predatory loans. Following a loosening of lending restrictions in the 1980s, banks like JP Morgan Chase started originating exotic non-prime mortgages with adjustable interest rates. These risky loans have been often securitized into mortgage backed securities and sold to investors. Since a bank could quickly recoup amounts spent issuing mortgages by the sale of these residential mortgage backed securities (RMBS), banks incentivized mortgage brokers to participate in the scheme with high fees for origination. According to the filing, these charge incentives encouraged full disregard for underwriting requirements which were employed to lure borrowers into extremely predatory loans they could not afford.

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The complaint alleges that Plaintiffs relied on statements produced by JP Morgan Chase personnel and mortgage brokers when they accepted negative loans. Plaintiffs were usually told that they would be in a position to afford high loan amounts and had been promised the capacity to refinance at a later date. It is alleged that in some situations, loan officers blatantly lied to Plaintiffs about the top quality of the loans they had been getting. The complaint alleges that Chase not only knew about these broker practices, but encouraged and incentivized them. A Chase internal memo states, If you do not get Stated/Stated, try resubmitting with slightly greater income. Inch it up $ 500 to see if you can get the findings you want. Do the identical for assets.

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Similarly, the complaint alleges that appraisers were encouraged to inflate home values in order to give borrowers greater loan amounts. The greater the loan amount, the more money JP Morgan Chase was capable to make on the sale of the loan. It is argued that the bank incentivized appraisers to falsify property valuations in order to safe a higher loan to sell to investors. The complaint alleges that Plaintiffs borrowed excessively in reliance on inflated appraisals and other statements.

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Plaintiffs also argue that simply because of the sale of their loans, they did not receive the advantage of the contract for which they bargained. Plaintiffs, believing they would be placed into a mortgage with a traditional Lender/Borrower relationship, later identified that they did not have a lender with whom they could deal. Servicers are not at liberty to make changes to contracts when circumstances are unforeseeably changed. In addition, loan servers have an incentive to foreclose whereas a lender has the incentive to modify a loan if it would be more lucrative in the extended run. Had several property owners had a lender with whom to deal, they could have restructured the mortgage for a more desirable result for each parties. The complaint information how numerous Plaintiffs diligently sought modification of their loans but have been denied merely because the servicer had no authority to grant a modification.

Multi-celebration Suit Filed by Borrowers Against Aurora Bank et al

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Roseville, California (PRWEB) November 11, 2011

On Tuesday October 25, 2011, United Foreclosure Lawyer Network (UFAN) filed suit in Superior Court in Sacramento (case # 34-2011-00112919) on behalf of borrowers allegedly injured by the lending practices of Aurora Bank and other people believed to have misled borrowers.

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The complaint alleges that Aurora was one particular of the significant players in a scheme to make quickly, easy income at the expense of proper mortgage underwriting procedures. By packing subprime loans into mortgage backed securities that were sold to investors, a bank could recoup the funds lent quickly. The suit argues that this procedure encouraged lenders and mortgage brokers to aggressively push higher-expense subprime loans on any individual they could convince to sign on the dotted line.

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According to court documents, plaintiffs argue that due to the fact of the sale of their loans, they did not obtain the benefit of the contract for which they bargained. Plaintiffs, believing they would be placed into a standard Lender/Borrower connection, later identified that they did not have a lender with whom they could deal. Servicers are restricted in producing alterations to contracts when situations are unforeseeably changed. Furthermore, loan servicers have an incentive to foreclose whereas a lender has the incentive to modify a loan if it would be much more profitable in the extended run. If numerous of the home owners had been still in the traditional lender/borrower relationship, they could have restructured the mortgage for a far more desirable result for both parties. In the present circumstance, the only entity profiting is the loan servicer. The complaint specifics how many Plaintiffs diligently sought modification of their loans but had been denied either because the servicer had no authority to grant a modification or since the servicer chose not to grant a modification.