Monday, July 28, 2014

IMPORTANT DUAL TRACKING CASE - 7 FIGURE SETTLEMENT


http://livinglies.wordpress.com/2013/09/13/victory-for-homeowners-received-title-and-7-figure-monetary-damages-for-wrongful-foreclosure/


VICTORY for Homeowners: Received Title and 7 Figure Monetary Damages for Wrongful Foreclosure

Posted on September 13, 2013 by Neil Garfield
As a California appellate court decision several years ago noted, "For homeowners struggling to avoid foreclosure, this dual tracking might go by another name: the double-cross." – See more at: http://calcoastnews.com/2013/09/onewest-bank-pays-7-figures-mortgage-fraud-case/#sthash.xcKP1Tpl.dpuf
As a California appellate court decision several years ago noted, "For homeowners struggling to avoid foreclosure, this dual tracking might go by another name: the double-cross." – See more at: http://calcoastnews.com/2013/09/onewest-bank-pays-7-figures-mortgage-fraud-case/#sthash.xcKP1Tpl.dpuf
"As a California appellate court decision several years ago noted, 'For Homeowners struggling to avoid foreclosure, this dual tracking might go by another name: the double-cross.'" Daniel Blackburn, http://www.calcoastnews.com, 9/11/13.
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Neil Garfield, the author of this article, and Danielle Kelley, Esq. are partners in the law firm of Garfield, Gwaltney, Kelley and White (GGKW) based in Tallahassee with offices opening in Broward County and Dade County.
See LivingLies Store: Reports and Analysis
Neil F Garfield, Esq. http://www.Livinglies.me, 9/13/13
Victory in California, as we have predicted for years. Maria L. Hutkin and Jude J Basile were the attorneys for the homeowners and obviously did a fine job of exposing the truth. Their tenacity and perseverance paid off big time for their clients and themselves. They showed it is not over until the truth comes out. So for all of you who are saying you can't find a lawyer who "gets it" here are two lawyers that got it and won. And for all those who were screwed by the banks, it isn't over. Now it is your turn to get the rights and damages you deserve.
Maria L. Hutkin and Jude J. Basile
Maria L. Hutkin and Jude J. Basile
The homeowners won flat out at a trial — something that should have happened in most of the 6.6 million Foreclosures conducted thus far. U.S. Bank showed its ugly head again as the alleged Trustee of a trust that was most probably nonexistent, unfunded and without any assets at all much less the homeowners alleged loan. Still the settlement shows how far Wall Street will go to pay damages rather than admit their liability to investors, insurers, counterparties in credit default swaps, and the Federal Reserve.
When you think of the hundreds of millions of wrongful foreclosures that were the subject of tens of billions of dollars in "settlements" that preserved homeowners rights to pursue further damages and do the math, it is obvious why even the total of all the "settlements" and fines were a tiny fraction of the total liability owed to pension funds and other investors, insurers, CDS parties, the Federal Government and of course the borrowers who never received a single loan from the banks in the first place. If 5 million foreclosures were wrongful, as is widely suspected at a minimum, using this case and some others I know about the damages could well exceed $5 Trillion. Simple math. Maybe that will wake up the good trial lawyers who think there is no case!
Maria L. Hutkin and Jude J. Basile
A fitting announcement on the 5th anniversary of the Lehman Brothers collapse. the economy is still struggling as more than 15 million American PEOPLE were displaced, lost equity and forced into bankruptcy by imperfect mortgages that were a sham, and thus imperfect foreclosures that were also a sham. Another 15 million PEOPLE will be displaced if these wrongful, illegal and morally corrupt sham foreclosures are allowed to continue.
This case, like the recent case won by Danielle Kelley (partner of GGKW) was based upon dual tracking. In Kelley's case the homeowners had completed the process of getting an approved modification, which meant that underwriting, review, confirmation of data, and approval from the investor had been obtained. In Kelley's case the homeowner had made the trial payments in full and paid the taxes, insurance, utilities and maintenance of the property.
The Bank argued they were under no obligation to fulfill the final step — permanent modification. Kelley argued that a new contract was formed — offer, acceptance and the consideration of payment that the Bank received, kept and credited to the homeowner's account. But the bank as Servicer was still accruing the payments due on the unmodified mortgage, which is why I have been harping on the topic of discovery on the money trail at origination, processing, and third party payments. 
The accounting records of the subservicer and the Master Servicer should lead you to all actual transactions in which money exchanged hands, although getting to insurance payments and proceeds of credit default swaps might require discovery from the investment banker. So in Kelley's case, the Judge essentially said that if an agreement was reached and the homeowner met the requirements of a trial period, the deal was done and entered a final order in favor of the homeowner eliminating the the foreclosure with prejudice.
In this One West case the court went a little further. The homeowners were lured into negotiations, expenses and augments under the promise of modification and then summarily without notice to the homeowner sold the property at a Trustee sale under the provisions of the deed of trust. The Judge agreed with counsel for the homeowners that this was dual tracking at its worst, and that the bank did not have the option of proceeding with the sale. 
The homeowners were forced to vacate the property and make other housing arrangements and these particular homeowners were enraged and had the resources to do what most homeowners are too fearful to do — go to the mat (go to trial.)
One West made several offers of settlement once the Judge made it clear that the homeowners had stated a cause of action for wrongful foreclosure. Bravely the attorneys and the homeowners rejected settlement and insisted on a complete airing of their grievances so that everyone would know what happened to them. After multiple offers, with trial drawing near, OneWest finally agreed to give clear title back to the homeowners and pay $1 million+ in damages on what was a six figure loan. 
We now have cases in both judicial and non-judicial jurisdictions in which the homeowner was awarded the house without encumbrance of a mortgage and even receiving monetary damages in which the attorneys achieved substantial rewards on 7 figure settlements  that probably would be much higher if they ever went to trial — particularly in front of a jury. This is only one of the paths to successful foreclosure defense. I hope attorneys and homeowners take note. Your anger can be channeled into a constructive path if the lawyers know how to understand these loans, and how to litigate them.
"There's hope. I feel their pain." — Danielle Kelley, Esq. , partner in Garfield, Gwaltney, Kelley and White.

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29 Responses

  1. I was 100% completely false subserved (not a mortgage case). The identification of the person allegedly subserved at my place of residence, a "Jane Doe" was of a description that could not have been more inaccurate, that person did not exist nor was anyone else subserved at my residence.
    However, the court accepted it because the other party simply signed on the dotted line.
    I am a caregiver and could not go to fight it. At some point when I can do so without endangering the welfare of the person I am caregiving for, I would like to have the verdict challenged and voided.
  2. Kalifornia, on September 14, 2013 at 8:01 pm said:
    @ Daily Puma:
    When you posted, "a significant amount of time has lapsed (around one year)," what do mean, exactly?
  3. Kalifornia, on September 14, 2013 at 7:58 pm said:
    @ elexquisitor:
    Typo: December 2012
  4. Kalifornia, on September 14, 2013 at 7:57 pm said:
    @ Daily Puma:
    Receiving the baton from UKG, if you are in Kalifornia, the motion for relief from a void order is CCP §473(d).
  5. Kalifornia, on September 14, 2013 at 7:52 pm said:
    @ elexquisitor:
    If I recall correctly, you're in CoCo County? It is the same in SF. This fee went into effect in the summer of 2012, when all of the other filing fees spiked and, at least in SF, in December 2011 an "unlawful detainer" department was established. Now, anything housing or title related is routed through there — without a court reporter present.
    These advance jury fees are nonrefundable. (Code of Civil Procedure section 631(i).) The jury fees remain at $150. (Code of Civil Procedure section 631(b).) The jury fee must be paid before the first case management conference, or else a dismissal of the case will be issued.
    Nonetheless, ONWARD!
  6. I thought you were responding to my question from last night.
  7. Kalifornia, on September 14, 2013 at 7:29 pm said:
    @ Daily PUMA:
    The ruling is dated May 14, 2013.
  8. As to the kindergarten loans, I believe that comes under the title of More Money than Sense, a very well-used title in Amerika.
  9. christine, on September 14, 2013 at 6:36 pm said:
    Kindergarten Loans from SallieMae Are Here!
    "Okay, so before I say another word… the answer is no… I am not making this up. And this is absolutely not a joke. What it might be, however, is the most completely distorted topic about which it has ever been my displeasure to write.
    SallieMae is now offering financing for the high costs of… kindergarten? It's even marketing loans available for pre-K, which I'm pretty sure we used to call, "nursery school." I never thought to ask my mother how much it cost to send me to nursery school, but if I had to venture a guess… tell you what… I'd eat both my socks right now if the answer was more than a few dollars a day.
    I want you to think about the dynamics of what's being offered here for a moment before I move on. These are loans for parents who are in agreement that it's of real importance that their precious and above-average four and five year-olds attend the finest kindergartens money can buy. Parents willing to spend more than they can afford on a private kindergarten's… do you even call it "tuition?""
    Mad, mad world. What could possibly go through the mind of parents who believe that anything will be better for their kids than Mom and Dad teaching them the rudiments of the 3 Rs? How inadequate do they have to feel in order to… mortgage their kid's life from pre-school on? Is that what selling one's first born really looks like?
    And you thought we had problems? Think again… No wonder people are at each others' throat all the time. They literally no longer know their ass from their elbow. Their child from the bank. Fucked up priorities to such an extent, one wonders if it's even salvageable…
  10. Thanks for that Kalifornia, however because a significant amount of time has lapsed (around one year), is that still what would be stated?
  11. Kalifornia, on September 14, 2013 at 5:03 pm said:
    RULING AND ORDER DENYING
    DEFENDANTS' MOTIONS FOR
    SUMMARY JUDGMENT AND/OR
    SUMMARY ADJUDICATION
  12. usedkarguy wrote "Judgment decided on fraudulent documents is a void order". End quote…
    …how would I plead that if someone false subserved me and then got a verdict as a result? And is there a time restraint?
  13. Java, gotta move to strike the void order before a confirmation of sheriff's sale. Judgment decided on fraudulent documents is a void order.
  14. Unfortunately, we still do not have all the proof of the forgeries, misrepresentation, fraud in its many iterations, malfeasance, etc. When the judge refers the banksters to the atty gen. for prosecution, then we will see some action.
  15. I would sure like to see WELLS FARGO and CAL WEST RECONVEYANCE burning in hell on judgement day for stealing my home, all my equity, all my 12 years of hard work – wrecking my life, my credit, my family etc…all in the name of GREED!…..I had alot of equity and they made sure they found every way possible to get it from me….I felt like a prisoner of war and was terrorized after being lured and duped to miss payments so I could apply for a home loan mod…yeah okay. I WILL NEVER FORGET!!!! WHERE IS MY OVERAGE ?????? I CAN PROVE EVERYTHING…sadly I can't afford an attorney. 60,000 dollars in forclosure costs…REALLY???? hmmm….
  16. Come on Neil, time to stop posting the entire article from another source and to stop putting a lame link up as well. This is how its done.
    http://www.parallelforeclosure.blogspot.com/2013/09/onewest-bank-pays-7-figures-in-mortgage.html
  17. The A man, on September 13, 2013 at 3:30 pm said:
    "Remember what Amalek(Banksters) did to you…struck those…weak ones at your rear…you shall not forget!"
    (Deut. 25:17-19)
    "Be Strong and Courageous"
    (Deut. 31:6)
    If your house is worth over a half a Million which is not hard in California I am sure you can find somebody to cover the court costs in CA.
    If your house is worth less I am sure you can find somebody to cover the court costs.
    NEVER AGAIN.
  18. Javagold, on September 13, 2013 at 2:04 pm said:
    I'm in the sheriff sale part of the game now. Guess that makes it top of 9th , but I have the middle of order coming up , so game is far from over. Plus anyone who may be foolish enough to buy this house in the future is making a big mistake.. Broken chain of assignments. Robisigning. Bad court decisions. Upcoming fraud credit bid. Etc etc etc …….
  19. Reblogged this on Ronmamita's Blog and commented:
    Thank you Neil, We the people of Earth must ride the momentum of victories such as these until the global banking fraud is abolished.
  20. That is exactly what AHMSI/Owcen was doing to me and worse than that I made double payments for two years and AHMSI stole the money!
  21. Deborah Wynn, on September 13, 2013 at 12:57 pm said:
    And anger is a great emotion if channelled well with intention or truth seeking.
  22. Deborah Wynn, on September 13, 2013 at 12:56 pm said:
    java
    did they take your home? or are you still in court? im curious
  23. lies is all they tell, on September 13, 2013 at 12:30 pm said:
    Javagold you and every person in america should be angry and fighting this machine.
  24. christine, on September 13, 2013 at 12:08 pm said:
    Elex,
    CA is no different from any other state: you have to prove your allegations anytime you sue anyone. Meeting the burden of proof is a prerequisite everywhere. That's what discovery is for. Biased judges exist everywhere as well. It's a roll of the dice but when people decide that doing nothing is not an option, they go all the way.
    As far as the deposit against jury costs is concerned, CA is not the only state to do that either. Suing costs money. Sometimes, as in my case, people have to make a choice: do I sue and stop paying because i can't pay both a mortgage and my legal expenses or do I keep swimming upstream and trying to negotiate with bad faith banks, knowing that I still may end up losing it all in the end?
    For some reason, CA people appear to believe and keep repeating that they have been dealt the worst possible deck. Not true. TN, AZ, MN, WI and many other states are no panacea either. Even my state sucks: it is the second hub for my servicer. Every other person here works for that bank. All the pension plans are invested with it. My governor was a WS man for years and is very cozy with all the banks. I in 14 houses are in foreclosure in my state. I decided long ago that mine would be it.
    It's not easy for anyone. And nothing good can happen unless people take risks and fight to the end.
  25. Tracie, on September 13, 2013 at 12:03 pm said:
    5) For those who keep complaining that there are no good attorneys, look for winning cases in your state and contact the homeowners' attorneys. That's the only way to find a good one, willing to go to bats for you.
    I have been looking for those winning cases in VA. So far, nothing.
  26. elexquisitor, on September 13, 2013 at 11:48 am said:
    @Christine – homeowners initiating legal action are placed in the position of having to prove their allegations using evidence only possessed by their adversaries in CA. And, as in my case, you can expect the judge to spike the homeowners' discovery efforts. And in CA to request jury trial you have to pay a non-refundable tribute to the state court funding in the form of a 'deposit against jury costs'.
  27. christine, on September 13, 2013 at 11:36 am said:
    "One West made several offers of settlement once the Judge made it clear that the homeowners had stated a cause of action for wrongful foreclosure. Bravely the attorneys and the homeowners rejected settlement and insisted on a complete airing of their grievances so that everyone would know what happened to them. After multiple offers, with trial drawing near, OneWest finally agreed to give clear title back to the homeowners and pay $1 million+ in damages on what was a six figure loan."
    That confirms what I've said all along:
    1) Homeowners need to INITIATE the lawsuit to be in a strong position. Merely defending foreclosure is much more difficult since the allegations have already been set forth by the banks and there is a general assumption shared by most judges and attorneys that people/businesses don't file suit without a good reason. Suing on your terms gives you the upper hand;
    2) Many people settled prematurely, as soon as the bank offered modification at the 11th hour, sanctioned by the court. Sometimes, it makes much more sense to go all the way and risk it all in order to get something meaningful. A modification of an existing mortgage won't give clear title;
    3) Insisting on a jury trial no matter what intimidates the banks: they know that they will never find a jury of twelve people untouched by the foreclosures and not outraged by the abuses they've committed, compliments of the taxpayers. Banks dug their hole by forcing homeowners to become educated and to learn what makes a credible witness.
    4) Ask for a lot. What is the worst that can happen? You don't get as much. As someone said once; "I'd rather ask for a lot and get half of it than ask for nothing and get all of it."
    5) For those who keep complaining that there are no good attorneys, look for winning cases in your state and contact the homeowners' attorneys. That's the only way to find a good one, willing to go to bats for you.
  28. Javagold, on September 13, 2013 at 11:20 am said:
    I am very very angry.
  29. Tracie, on September 13, 2013 at 10:54 am said:
    I really need a lawyer in Richmond Va. I collected all my paperwork from the clerks office and its a mess. I have also asked Chase for my note. Chase offered a mod and I accepted then they sold to Select Portfolio. Now I have to start all over… The phone calls, the notes on my door, I'm ready to just walk away from this mess, its been almost 5 years of this! Help!




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VICTORY for Homeowners: Received Title and 7 Figure ...
As a California appellate court decision several years ago noted, "For homeowners struggling to avoid foreclosure, this dual tracking might go by another ...
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FRAUD CAN'T HIDE
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