Wrongful Foreclosure Class Action

15 Jan

Attached hereto is a class action pending in Massachusetts the same action could be filed here in California in that our foreclosure laws are not being followed Civil Code 2924 and 2923.5 and 2923.6 and we have the unfair business practices act under b and p 17200 MAClassActionforeclosure

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25 Responses to “Wrongful Foreclosure Class Action”

  1. Bernadette Brodi February 2, 2010 at 9:00 pm #

    I want to be included in the wrongful foreclosure suit. My BK 13 plan is paying/curing the arrears the bank is not suppose to accept arrear payments and foreclose too. In addition to this  my BK13 plan offered the bank $339,000 this re-fi loan was not protected by anti-modification on a primary residence because the bank used my retirement and other collateral also the property has a renter and a daycare license so it is also used for business and when I first did the refi I was both a student in Michigan living with my sister with a Michigan driver’s license and a California home owner. The bank listed it as $520,000 and sold it to itself for $315,000 without trying to work a short sale or accepting my $339,000 which is a VIOLATION OF CALIFORNIA CIVIL CODES §2923.5 AND §2924. The bank’s attorney said none of this was permitted to be addressed in the sum judgment that lead to the eviction/ writ of possession/lockout date for Wednesday. My question is,  “Does filing a lawsuit regarding the property stop the Sheriff’s lock out?” Do I need to list as a form of relief an injunction on the writ of possession or something separate from the law suit? I want to sue the BK 13 Trustee for failing to protect the 13plan estate and the judge too for malicious judical abuse which can’t be covered under immunity, I had to file Chap 13 Bankruptcy 2x. First was dismmissed the judge’s error said I was in default to either the 13 plan or the lender’s adequate protection, but I was current on both. The wrongful dissmissal is on appeals now. The same chapter 13 plan was used in both filings. The jugde would not open the case and confirm the plan under the 1st case and the Judge could not find my filed forclosure complaint and response to trustee’s objection to not closing the 1st case. But the judge both confirmed the 13 plan in the second case which included the repay/cure of the arrears on the house. Also, in the second case and on the same day the judge annulled the Automatic stay, made it retroactive on the second case to protect the bank’s wilful violation of my stay on the second BK13 when the bank recorded the wrongful foreclosure sale. The sale was done on 8-25-2009 right after the dismissal was entered on 8-20-09 for the 1st bk13 case and the second BK13 was filed 8-26-09 and the bank recorded the sale 9-3-09. The lifting of the stay/annulment and the denied motion to reinstate/impose the stay are on appeals I’ve represented myself and the court favors the bank.

  2. Lee Anne Frias February 11, 2010 at 7:55 pm #

    I would like to be included in your class action lawsuit. I am a victim of predatory lending and my home was wrongfully foreclosed. Please contact me thru my e-mail and I can provide you additional information. Thank you.

  3. Alan T. Israel March 3, 2010 at 7:50 am #

    Sign me up. I’m suing my lender for Fraud, Predatory Lending Practices, Violations of TILA, RESPA etc…

    PEOPLE, THEY TOOK YOUR MONEY, THEN THEY STOLE YOUR HOME! DON’T TAKE THIS LYING ON YOUR BACK! THEY (MERS) ARE CROOKS. THEY DON’T POSESS YOUR NOTE SO THEY HAVE NO GROUNDS TO FORECLOSE YET THEY DID! SUE THEM

  4. Mary Gray March 15, 2010 at 3:53 pm #

    I would love to join the class action suit as well my bank wrongfully foreclosed on my home and i have all the docuentation to prove it they even tried to throw me out of my home thru the courts and did not show up for not even one of the hearing and now 10 months down the line they had the nerve to dismiss the case and I have not heared from them since……I need help……….anyone

    Signed Still fighting In CA

  5. Alan T. Israel March 16, 2010 at 6:16 am #

    My cousin is drafting a small claims suit for being evicted improperly. I was not given my three day notice to vacate. They just came and changed the locks… sorry guys I’M TAKING THEM TO COURT!

    Alan

  6. Marilyn March 19, 2010 at 7:43 pm #

    The servicer violated 2923.5 and foreclosed wrongfully. They never notified me and they declared that the property was investment and did not need to comply. However, the property was my primary residence. I would like to read the Massachusetts case and participate in your class action lawsuit. Marilyn

  7. Z April 21, 2010 at 3:40 am #

    The banks say that the TILA does not apply after 3 years of loan origination. Mayr Gray I dont’ understand jhow the court did not throw it out for the lack of showing up at hearing! thats disheartening.. I hope it resolves.

    I am in another state but am fighting similar. We are in eviction process; served summons with 3 days court notices, refusing cash for keys we went to court hearing and requested jury trial and had 5 days (non laywers here with money for lawyer) to prepare. They do not allow evidence of fraud… there is not much way to fight it once they have deed of trust…. even though deed of trust was given by theft or fraud.

  8. OB June 9, 2010 at 1:16 pm #

    I hope this is a nationwide movement because i am ready to join!

    • jeff October 15, 2010 at 4:04 am #

      Working on the national movement angle, aggregation of data on illegal foreclosures is gaining momentum. Please let us know about your illegal foreclosure. The data gathered at BankClassActions.com is ONLY being sifted through by Class Action attorneys unless a homeowner specifically requests help from a foreclosure defense firm. The attorneys are using the information to verify their existing class action legal theories, create more theories AND aggregate class members. This is the way to put pressure on wall street to think of this foreclosure fraud fleecing of the American middle class as more than a “speed bump”.

      • cheryl November 16, 2010 at 4:37 am #

        hello, i live in new york we lost our home to illegal forcloser, and i have lots of proof .i am looking for any assistance i can get to get this back into court. our sevicer was SN Servicing the forclosure was listed by jp morgan and mers is on all the paperwork please e-mail me with any info. i have kept all documentation.

  9. Anne Kakarala June 10, 2010 at 9:17 pm #

    Please include me in class action too. I am suing wells fargo bank for wrongful foreclosure. They accepted my payments, agreed to modify my loan, still they foreclosed my house. If you need more information, please send me email, i will give you more information.

  10. mark cooper July 3, 2010 at 6:55 pm #

    my home was wrongful forclosued on by wellsfargo. they changed my locks wen i was at work wen i was told by w.f that i was gettn a loan modification. count me in l class action

  11. Battad July 17, 2010 at 2:20 pm #

    I’m glad there there is a movement like this, please include me in this class action suit

  12. LEE July 26, 2010 at 10:30 am #

    I WOULD LIKE TO ENJOIN IN YOUR LAW SHOOT

  13. Wilfrdeo S. Morillo September 13, 2010 at 8:58 am #

    I received a Notice Of Intent to Accelerate. I would like to be added in your your class action suit.

  14. Wilfred J. Morillo September 13, 2010 at 9:01 am #

    Please, count me in in your class action suit

  15. Wilfred J. Morillo September 13, 2010 at 9:13 am #

    I’m a victim of predatory lending practices.. Please count me in your Class Action Suit.

  16. Wilfredo S.Morillo September 13, 2010 at 9:18 am #

    My name is Wilfredo S. Morillo and my son’s name is Wilfred J. Morillo. We would like to join the Class Action Suit.. we are the victim of predatory lending practices.

  17. Jeff G October 14, 2010 at 1:25 pm #

    Please encourage your readers to post their illegal foreclosure information on BankClassActions.com

    Class Action Law firms are using the information supplied by homeowners to do verify legal theory and research other causes of action against predatory lenders.

  18. Jeff G October 14, 2010 at 1:27 pm #

    Tim: Please email me a telephone number and a time to reach out to you.

    jeff greenberg

  19. MUZEBIRD October 15, 2010 at 5:39 am #

    I am interested in joining this lawsuit as well please email me.

  20. David A. Ziemer, Sr. October 15, 2010 at 8:23 am #

    Finally, someone has come forward for us. Please include my in your action.

  21. Tracy October 17, 2010 at 7:09 am #

    Chase stated that I could make payments that I could afford they stated no foreclosure action was taking place; they lost my documents twice. Next thing I know they turned my file over to an Attorney for foreclosure it reverted back to the bank and now they are seeking an unlawful detainer. I’m seeking an attorney to file an injunction and prove they had the right/security interest to foreclouse and also that they actual foreclosured properly. I’m more than happy to join an action against the Banking system itself or Chase; feel free to contact me. By the way, if you are in your home, stay there, they don’t have the documentation to prove it because MERS contains errors as well.

  22. Mike Clifton August 15, 2011 at 4:53 pm #

    I will join any class action suit against PHH mortgage for wrongful foreclosure.

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