Banking Misconduct Blog


New Hope for California Homeowners - HAMP LOAN MODIFICATION POST

The housing and banking crisis of 2008 is long over. It’s been a decade since many homeowners woke up to find themselves underwater and owing the banks hundreds of thousands of dollars more than their house was worth. For others, it was worse. They woke up to no job and no ability to get...

Ocwen’s Many Evils - Systematic Abuse of Struggling Homeowners

Last April, the Consumer Financial Protection Bureau announced a lawsuit against Ocwen and its subsidiaries for “failing borrowers at every stage of the mortgage servicing process.” The CFPB’s statement claimed that “Ocwen’s years of widespread errors, shortcuts, and...

Judge Accuses Bank of America of "Battle-Fatigued Demoralization"

A federal judge in Sacramento, California has given Bank of America a lesson in corporate responsibility. Bankruptcy Judge Christopher Klein sanctioned America's "Too Big to Care" banking giant up to $46 million for causing severe emotional distress to a California couple facing foreclosure. In the...

Can I Sue My Bank for Not Providing Promised Refinancing

[Spoiler Alert – There is hope for borrowers fighting banks who failed to deliver on a promised refinancing.]
 
The failure of banks to deliver on a promised modification or refinancing is one of the most frequent complaints we hear from commercial borrowers. In the typical...

Ocwen Tagged for Wrongful Foreclosure – “Can I Sue My Bank”

We sue banks for a living. Unfortunately, there are not many lawyers that can make that claim. Although we generally do not handle residential mortgage cases, we still like to share homeowner stories with happy endings. Too few “David vs. Goliath” stories end well these days, especially...

Home Foreclosure Defense – The Guerrilla Edition

[Note: We don’t handle foreclosure or consumer issues unless part of national class action. That means we can’t represent you on an individual foreclosure matter but we do understand the issues and have suggestions to offer… suggestions that go well beyond the general fluff pieces you often read that offer such advice as “gather all your paperwork…”

We are publishing this piece as general information. The laws in every state are different, especially when it comes to residential foreclosures. We urge you to contact a local lawyer for help. Knowing that finding someone good is often a challenge, especially when funds are tight, we offer some specific suggestions below.

Thank you and God Bless.]

Before we get to the specific guerrilla tactics, there are some general things you should consider. Much of this is what you typically find on the Internet.

1.     Find a Good Lawyer

Most foreclosure defense lawyers are glorified bankruptcy lawyers. That is not an indictment of the bankruptcy bar or the lawyers that practice foreclosure defense. There is a time and place for bankruptcy. We often work closely with bankruptcy lawyers and sometimes they are the only folks who can save your home....


Appeals Court Enforces Modification Deal

We rarely write about residential foreclosure cases. Although we don’t typically handle cases for individual homeowners, we follow them closely. The same deceitful tricks banks use against helpless homeowners often find their way into commercial cases. Banks have deep pockets and know that...

N.C. Supreme Court Guts Lender Liability Claims

Banks have deep pockets and a tremendous amount of leverage. If you want to modify the terms of a loan, banks require borrowers to execute a loan modification agreement. Those agreements almost always contain language that says the borrowers waive all defenses they have against the bank. Is that...