The Resolution Law Group: New California Appellate case published on August 8, 2013, “Glaski v. Bank of America”, holds that a homeowner can challenge his lender’s right to foreclose by showing that the Deed of Trust never made it into the securitized trust until after the trust’s closing date.

A new California Appellate case published on August 8, 2013, “Glaski v. Bank of America”, holds that a homeowner can challenge his lender’s right to foreclose by showing that the Deed of Trust never made it into the securitized trust until after the trust’s closing date. This is the case in most loans made in the last 12 years. If the bank foreclosed we should be able to get the homeowner money damages and/or the house back. Or a lawsuit could be filed and a court ruling obtained preventing the court from foreclosing.Recently enacted Sections 2924(a)(6) and 2924.19 of California Civil Code provide the same relief to homeowners.

It is highly suggested that homeowners take this window of opportunity to get relief before the banks get Congress to close this door with national legislation.  If you feel you are the victim of Mortgage Fraud, please do not hesitate to email or call the The Resolution Law Group (203) 542-7275 for a confidential, no obligation consultation.

 

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JP Morgan Chase Bank, tried to introduce the original “wet ink” promissory note in a foreclosure trial pending in Boca Raton, Florida.

JP Morgan Chase Bank, tried to introduce the original “wet ink” promissory note in a foreclosure trial pending in Boca Raton, Florida. The Bank previously said that the original note had been lost before the foreclosure filing. Because the Bank did not seek to amend its pleadings before the trial or notify the borrower or the Court that the note had been located, and because the homeowner was not provided with an advance opportunity to inspect and evaluate the note, the Court found that the Bank violated the rules of civil procedure, and the case was dismissed in favor of the homeowner.

JP Morgan Chase Bank may not be able to reinstitute a foreclosure action in this case because of Statute of Limitation issues. Lawyers for JP Morgan Chase Bank have declined the opportunity to comment.

Geoffrey Broderick, the senior partner of the Resolution Law Group, says “JP Morgan Chase Bank did not follow established rules. They tried to gain an advantage by withholding the document until the time of trial. Judges do not tolerate ‘trials by ambush,’ and the Bank was therefore unable to avoid complying with the rules of civil procedure.“

Mr. Broderick adds that “The housing market will continue to suffer until it is fixed by the Courts or the Legislature. Somebody has to fix the problem. That is why The Resolution Law Group continues its fight for homeowners. Homeowners cannot expect the problem to fix itself.”

The Resolution Law Group continues to prosecute ground breaking litigation in Federal Court on behalf of homeowners suing lenders and servicers for, among other things, the illegal use of MERS, robo-signing, and intentionally ignoring underwriting standards and encouraging inflated appraisals.

The Resolution Law Group is currently enrolling clients into the pending lawsuit. For further information, visit its website at www.TheResolutionLawGroup.com

A Florida Court of Appeals has reversed a trial court’s ruling and undone a wrongful foreclosure.

A Florida Court of Appeals has reversed a trial court’s ruling and undone a wrongful foreclosure. The lender, JP Morgan Chase Bank, was found to have wrongfully foreclosed and the Court of Appeal has reversed the lower court’s decision and had thus ruled in favor of the homeowner.

Despite the fact that JP Morgan Chase Bank submitted a sworn affidavit that stated it was the proper and legal holder of the promissory note, the Court of Appeal found that JP Morgan Chase Bank had failed to establish that it had the right to enforce the note when the foreclosure action was filed. Additionally, the Court of Appeal even found that JP Morgan Chase Bank had failed to establish that it had legal standing to initiate the foreclosure action in the first place.

Geoffrey Broderick, the senior partner of the Resolution Law Group, says “There are so many instances where lenders and servicers simply assert that they are the lawful Holders in Due Course, when they cannot establish a proper chain of title. It is rare for a homeowner to have the means to be able to go to the Court of Appeal in order to void a wrongful foreclosure. In this instance, the homeowner lost at the trial court level; therefore, we actually had that a Judge that approved the foreclosure, despite the fact that the lender was unable to establish that it was entitled to foreclose.“

Mr. Broderick adds that “The housing market will continue to suffer until it is fixed by the Courts or the Legislature. Somebody has to fix the problem. That is why The Resolution Law Group continues its fight for homeowners. Homeowners cannot expect the problem to fix itself.”

The Resolution Law Group continues to prosecute ground breaking litigation in Federal Court on behalf of homeowners suing lenders and servicers for, among other things, the illegal use of MERS, robo-signing, and intentionally ignoring underwriting standards and encouraging inflated appraisals.

The Resolution Law Group is currently enrolling clients into the pending lawsuit. For further information, visit its website at www.TheResolutionLawGroup.com

EverBank, based in Jacksonville, Florida has agreed to pay over $43 Million for foreclosure fraud

EverBank, based in Jacksonville, Florida has agreed to pay over $43 Million for foreclosure wrongdoing, which occurred in 2009 and 2010. $37 Million will be paid to wronged borrowers and over $6 Million will be paid to organizations that assist low and moderate income individuals and families.

EverBank was subject to a cease and desist order for unsafe and unsound practices in mortgage servicing and foreclosure processing. More than 32,000 borrowers are eligible for a portion of the settlement proceeds, which will range from $1,050 to $125,000 per person.

Geoffrey Broderick, the senior partner of the Resolution Law Group, says “These settlements are long overdue and insufficient to solve the problems that exist. EverBank made unsafe and unsound loans. This settlement allows EverBank to retain most of the profits it made from the bad loans. Meanwhile, a settlement payment of $1,050 does nothing to compensate a victim of a wrongful foreclosure.“

Mr. Broderick adds that “The housing market will continue to suffer until it is fixed by the Courts or the Legislature. Somebody has to fix the problem. That is why The Resolution Law Group continues its fight for homeowners. Homeowners cannot expect the problem to fix itself.”

The Resolution Law Group continues to prosecute ground breaking litigation in Federal Court on behalf of homeowners suing lenders and servicers for, among other things, the illegal use of MERS, robo-signing, and intentionally ignoring underwriting standards and encouraging inflated appraisals.

The Resolution Law Group is currently enrolling clients into the pending lawsuit. For further information, visit its website at www.TheResolutionLawGroup.com

The Resolution Law Group: First National Bank of Wellston (Ohio) repossessed the wrong house, removed and discarded all of the contents, and isn’t stepping up to correct the error.

First National Bank of Wellston (Ohio) repossessed the wrong house, removed and discarded all of the contents, and isn’t stepping up to correct the error.

The facts are undisputed. The bank foreclosed on a home…not Katie Blanchard’s home. The foreclosure was supposed to have involved a house across the street from her.

Ms. Blanchard returned home with her children after a weekend trip and found (to her surprise) that the locks to her home had been changed. She “broke in” through a window and discovered that all of her belongings were gone! She has asked for $18,000 to try to rebuild her life. The bank wants receipts of everything she claims is missing. However, any receipts of course, would have been removed by the bank (with all her other personal property) when they entered her home by mistake.

Geoffrey Broderick, the senior partner of the Resolution Law Group says, “We hear these types of stories every day. How could a local neighborhood bank be so careless and then so callous as well? There is no defense. The bank entered the wrong house and removed all of a family’s possessions.” Broderick added, “Ms. Blanchard‘s request of $18,000 to replace everything she owned seems eminently reasonable. She didn’t ask for millions of dollars. It is inconceivable that the bank has refused to step up and fix the problem it caused.”

Mr. Broderick adds that “The housing market will continue to suffer until it is fixed by the Courts or the Legislature. Somebody has to fix the problem. That is why The Resolution Law Group continues its fight for homeowners. Homeowners cannot expect the problem to fix itself.”

The Resolution Law Group continues to prosecute ground breaking litigation in Federal Court on behalf of homeowners suing lenders and servicers for, among other things, the illegal use of MERS, robo-signing, and intentionally ignoring underwriting standards and encouraging inflated appraisals.

The Resolution Law Group is currently enrolling clients into the pending lawsuit. For further information, visit its website at www.TheResolutionLawGroup.com

The Resolution Law Group: A Judge ruled that Chase “committed a fraud upon the Court” by claiming to be the plaintiff in a foreclosure action when FANNIE MAE was actually the owner of the note and mortgage

A Judge ruled that Chase “committed a fraud upon the Court” by claiming to be the plaintiff in a foreclosure action when FANNIE MAE was actually the owner of the note and mortgage (when the foreclosure action was commenced).

After Chase and the homeowner participated in nine settlement conferences, Chase was ordered to produce “all title and ownership documentation, including the note and all assignments…”

Geoffrey Broderick, the senior partner of the Resolution Law Group says, “Chase has been misrepresenting and mischaracterizing standing and ownership issues for years.” Broderick added, “MERS plays into this. MERS promotes an efficient transfer of ownership, but there is no transparency. Chase claims to be the owner, but there is no paper trail to support the allegation. In this rare instance, Chase got busted by the Court.”

Mr. Broderick adds that “The housing market will continue to suffer until it is fixed by the Courts or the Legislature. Somebody has to fix the problem. That is why The Resolution Law Group continues its fight for homeowners. Homeowners cannot expect the problem to fix itself.”

The Resolution Law Group continues to prosecute ground breaking litigation in Federal Court on behalf of homeowners suing lenders and servicers for, among other things, the illegal use of MERS, robo-signing, and intentionally ignoring underwriting standards and encouraging inflated appraisals.

The Resolution Law Group is currently enrolling clients into the pending lawsuit. For further information, visit its website at www.TheResolutionLawGroup.com

 

The Resolution Law Group: The housing market will continue to suffer until it is fixed by the Courts or the Legislature.

When lawyers for the City of Los Angeles filed a lawsuit against Deutsche Bank two years ago, they criticized the world’s fourth-largest bank as among the city’s worst slumlord and sought hundreds of millions of dollars in penalties and restitution.

Despite the fanfare and rhetoric when the case was brought, the city of Los Angeles just announced that it settled with Deutsche Bank for only ten million dollars and that the settlement money was not going to be paid by the bank.

Geoffrey Broderick, the senior partner of the Resolution Law Group, says “Deutsche Bank foreclosed on more than 2,000 homes in metropolitan Los Angeles between 2007 and 2011. Many homes fell into disrepair and crime increased in the neighborhoods where the foreclosures took place. “

Mr. Broderick adds that “The housing market will continue to suffer until it is fixed by the Courts or the Legislature. Somebody has to fix the problem. That is why The Resolution Law Group continues its fight for homeowners. Homeowners cannot expect the problem to fix itself.”

The Resolution Law Group continues to prosecute ground breaking litigation in Federal Court on behalf of homeowners suing lenders and servicers for, among other things, the illegal use of MERS, robo-signing, and intentionally ignoring underwriting standards and encouraging inflated appraisals.

The Resolution Law Group is currently enrolling clients into the pending lawsuit. For further information, visit its website at www.TheResolutionLawGroup.com

If you feel you are the victim of Mortgage Fraud, please do not hesitate to email or call the The Resolution Law Group (203) 542-7275 for a confidential, no obligation consultation.

Lender Litigation, Unlawful Foreclosure, Tarp Money, Mortgage Backed Securities, Derivitives Lawsuits, Insider Trading Lawsuit, SEC Settlements, Ponzi Scheme Lawsuits, Intentional Misrepresentation, Securitized Mortgage, Class Action Securities Lawsuit, Robo-Signing Lawsuit, Lost Equity Litigation, Mortgage Lender Fraud, FINRA Fraud Lawsuit, Suing Banks, Fraudulent Misrepresentation, Short Sale Fraud, Fraudulent Business Practices, Mortgage Litigation, Complex Tort Litigation, Injunctive Relief, MERS Fraud