Tuesday, July 23, 2013

Judge Temporarily Blocks Bankster Foreclosure Amid Allegations Of 'Dual Tracking'/Loan Modification Jerk Around That May Violate California Homeowner Bill Of Rights

In Yuba County, California, the Appeal Democrat reports:

  • A Yuba County judge has temporarily blocked the foreclosure sale of an Olivehurst home after the property owner accused Wells Fargo of breaching a loan modification agreement.

    A hearing is set next week in Yuba County Superior Court on Elias Lopez's request for a preliminary injunction against the bank.

    Yuba County Superior Court Judge Benjamin Wirtschafter issued a temporary restraining order on July 3. The bank had scheduled a trustee sale on July 8.

    "We have worked with Mr. Lopez since 2010 to identify options that would allow him to stay in the home.Given that there is active litigation around (his) loan, we can't discuss the case in any more detail at this time," Wells Fargo spokeswoman Julie Campbell said in an email.

    In court papers, Lopez's lawyer, Janice Dudensing, said Lopez, who owns a home in the 1800 block of McGowan Parkway, was placed in a trial payment plan last year after he submitted a loan modification application. He had fallen behind on his mortgage payments.

    After making payments, Wells Fargo "refused to permanently modify the loan," Dudensing alleged.

    Lopez "was told to start the whole loan modification process over," Dudensing wrote. Lopez was confused because the bank simultaneously started foreclosure proceedings.

    Lopez alleged in his lawsuit that Wells Fargo violated the state's Homeowner Bill of Rights by offering to modify the loan while also starting foreclosure proceedings, what Dudensing called "dual tracking."

    Efforts by Lopez to contact bank officials about the loan were unsuccessful, according to the lawsuit.

No comments: