Recover Damages with the Help of the Best Wrongful Foreclosure Lawyers
Our team of Real Estate Attorneys has sued all the major banks including WELLS FARGO, CHASE, BofA, US BANK etc. For Bank Fraud, Loan Modifications, Breach of Contract, Wrongful Evictions, Principal Reductions, and Reversal Of Wrongful Foreclosures. Our Attorneys have experience in Mortgage Banking Laws, Foreclosure Laws, Eviction Laws and Bankruptcy Laws. With our team of expert Real Estate Los Angeles Lawyers, we can can sue your former lender and recover monetary damages for you. In fact, we’ve had some cases where we reversed the foreclosure sale entirely and gave our clients their home back! All the following are possible with the best Real Estate Attorneys Los Angeles has to offer:
- Collect Damages From your Lender
- Collect Foreclosure Sale Surplus
- Unwind a Sale and Return your home to you
- Remove Fraudulent Liens
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Understand Why Suing Your Lender Makes Sense
When you’ve lost your home to foreclosure, sometimes all is not lost! An experienced Wrongful Foreclosure Attorney like Gomez & Simone give you the justice – and money – that you deserve. Various facets of the real estate laws in California that protect homeowners only work when an individual homeowner files a lawsuit against their mortgage lender in State or Federal Court. These laws offer statutory minimum awards which include the attorney’s fees to be paid by the bank in certain cases. We also seek damages for Slander of Credit, Slander of Title, Breach of Contract damages, Negligence, Unfair Trade Practices and more.
Let Our Best Wrongful Foreclosure Attorneys Inform You of Your Alternatives
There are comprehensive means for a homeowner to explore different alternatives to foreclosure and our wrongful foreclosure lawyer can shed light on this matter. Since the there country has seen one of the biggest foreclosure crisis in the history, several states have already put in place different mediation programs designed to provide struggling homeowners with utmost assistance.
While this is not exactly the case in California now, it has taken measures to pass legislation that pushes loan servicers to seek alternatives prior to filing for foreclosure. For instance, the state enacted the Homeowner Bill of Rights in 3p-13 after the SB 1137 was passed in 2008. Learn how this Bill has helped hundreds of homeowners entangled in the legal battle to keep their homes.
Foreclosures in the State of California
In a this state, the vast majority of foreclosures are nonjudicial in nature. This means that lenders are not required to appear before a state court to obtain foreclosure of a certain property, they simply must follow a statutory procedure and the borrower “trusts” that they did not violate the law. However, homeowners can win damages from their mortgage servicer if the lender did not follow all the various requirements of the law. Fortunately for you, California has some of the toughest laws for nonjudicial foreclosure, and lenders often violate them.
For example, the California Homeowner’s Bill of Rights, SB 1137 passed in 2012, prohibits any lender from sending the Notice of Default to homeowners until 30 days after the servicer managed to contact the borrower and assessed his or her financial condition. This practically means that the lender should exhaust all possible options before sending the said Notice. As per the provisions stated in SB 1137, the lender is also required to communicate directly with the borrower either personally or over the phone to inform him or her of her right to request a meeting. The servicer should likewise remind the homeowner of the opportunity to explore other means prior to resorting to foreclosure.
If the homeowner agrees to a meeting, then they can do so within 14 days. The meeting could also take place over the telephone if deemed more convenient on either end. The said assessment of the financial condition of the borrower can be completed either during the first meeting or during the subsequent meeting. I n addition, the servicer is also required to provide the homeowner with a toll-free number given by the US Department of Housing and Urban Development.
In the event that the lender of servicer tried to contact the borrower via the phone on several occasions but to no avail, then the servicer should send a certified letter attaching a request for return receipt. The said letter should likewise indicate the toll-free number and should inform the borrower of the possible options to explore foreclosure alternatives.
Aside from being required to exhaust all possible means to contact the borrower, a servicer must also indicate or post a link on its official website on relevant information about ways to avoid foreclosure, the toll-free contact number that any borrower could call if they wish to know more about these options, information on the toll-free number provided by HUD to aid homeowners in searching for housing counseling agency. Moreover, the website of the lender should also feature the different financial documents that are required to be submitted by borrowers when requesting for assistance on exploring foreclosure alternatives.
These are just some of the rules that Mortgage Services must follow before they can legally sell your home at foreclosure auction. If they don’t follow the rules, they can be forced to pay the foreclosed borrower fines, penalties, attorney’s fees and/or the economic damages. Gomez & Simone has won clients as much as $200,000 in damages. Mortgage Servicers don’t like us.
Know More About Homeowners’ Right to Sue with Wrongful Foreclosure Attorneys
Yes, it is possible – homeowners whose rights under the California Homeowners Bill of Rights were violated sue abusive or incompetent lenders. The court may also give hefty penalties on firms, lenders, or servicers who are found to have intentionally violated the rights or any provision in the HBOR. Big monetary penalties plus other civil sanctions await those who refuse to abide by this law.
The real estate law California has proved that the state is also taking measures to help people keep their homes.It is also possible for any loan provider or servicer to be slapped with a civil penalty of up tp $7500 o if they are proven to have processed unverified or ‘robo-signed’ documents.
So, are you now ready to get the justice you deserve? When searching for the best Wrongful Foreclosure Attorney Los Angeles has, it is important to ask all the possible questions you have decide for yourself if suing your lender is feasible.
Why Choose Gomez & Simone?
Our attorneys have obtained success in courts throughout California, including Ventura, Sacramento, San Jose, Ventura, Santa Barbara, San Diego, Los Angeles, Riverside/San Bernardino, Orange County and Long Beach. By focusing on becoming experts in fundamental real estate law areas such as the Foreclosure Defense Litigation we have obtained above average results for our clients. As the bank’s attorneys have told us multiple times “a lot of people over here are nervous about this case.”We only take a select number of quality cases and you will get to meet with one of our partner real estate attorneys who will explain the process and answer any of your questions. If Bankruptcy is a better option for you then we can have one of our experienced Bankruptcy attorneys walk you through the Bankruptcy filing process.
Examples of Gomez & Simone Wrongful Foreclosure Case Results:
$233,000 vs. Bank Of America – 2016 – Wrongful Foreclosure case. Breach of contract of our client’s San Bernardino home. We filed the lawsuit, won the demurrer, proceeded with discovery and then settled the case at mediation. Bank of America started with a low settlement offer at the begining of the case and then eventually at the end of the Mediation agreed to $230,000. Attorneys Ashlie E. Fox and Mark A. Gomez worked on the case.
$120,000 vs. JP Morgan CHASE Bank – 2014 – Wrongful Foreclosure of our clients’ Los Angeles home. Clients’ parents passed away at which time CHASE accepted some payments from Clients and then later rejected others. Additionally G&S alleged that payments were misapplied and various Homeowner Bill of Rights laws were violated. A lawsuit was filed and after lengthy litigation a settlement between all of the parties was reached at mediation. Attorneys Ashlie E. Fox and Mark A. Gomez handled the case.
$100,000 vs JP Morgan CHASE Bank – 2013 – Wrongful Foreclosure of our client’s orange county home. This was the first Homeowner’s Bill of Rights case that Gomez & Simone settled under the new law that came into effect on January 1, 2013. We filed the lawsuit in early 2013 and without filing a response CHASE settled immediately. Attorneys Ashlie E. Fox and Mark A. Gomez handled the case.
$1 Million Dollar Judgment Recovered & Possession Of Client’s Home – 2016 Los Angeles County Case – Million Dollar Personal Residence of Client had been Wrongfully Foreclosed. Defendant lender was forced to pay Client a $1 Million Dollar Judgment along with returning title to Client which also had plenty of equity. An interpleader action was filed and the monies deposited with the court. To add to the issues there were renters in the subject property who refused to vacate. G&S responded to the interpleader filed by the Bond company and was able to have the judgment released to the client. In addition G&S filed an eviction matter against the tenants and forced them to vacate the property so that the client could move back into his home finally after winning his case. Attorneys Josue C. Guerrero, Peter Roble and Stuart R. Simone worked on the two cases to get our client the results he wanted.
Wrongful Foreclosure APPEAL Win – Valbuena v. Ocwen – 2015 Los Angeles Superior Case– We successfully reversed the lower court’s decision on Appeal. The case was focused on the Homeowner Bill of Rights violation by Ocwen Bank. The appeal was later published and has been used by Attorneys throughout California to help sue the Banks for Wrongfully Foreclosing on homeowners. The case was later settled by a confidential settlement but we can say that the Clients are back in their home and title was returned to their name after the Bank had foreclosed and taken title in 2013. Please feel free to google the case name “Valbuena v. Ocwen” to read more or click here. Attorneys Mark A. Gomez and Stuart R. Simone along with Peter Roble (as a law clerk at the time) all worked on the case and the appeal.