False Promises
We help families who were lied to by their lenders.
The mortgage company told our client to stop making mortgage payments so she could get a loan modification. Against her initial judgment, she agreed, and when her account was 31 past due, she called for a loan modification. After some effort, they sent her one, but it was in her maiden name. After several months and multiple documents proving the name change, it withdrew the modification offer and filed foreclosure.
Challenge
To stop the foreclosure and hold the mortgage accountable for telling the client to stop making payments in exchange for a loan modification. Also to hold the mortgage company accountable for not changing the documents into her married name because no notary was willing to verify her signature in her maiden name. Since her name had legally changed, the notaries were obligated to refuse the signature. The mortgage company would not send her a new agreement or allow her to sign without a notary, blamed her, and then filed foreclosure.Â
2 foreclosures
2 damages lawsuits
1 free houseÂ
Solution
We defended foreclosure on equitable grounds. After fighting the foreclosure for several months, we got the opportunity to go to trial in front of a judge. We argued to the judge that it would not be fair to allow the bank to foreclose for something that was not our client's fault. Further, it was not fair to allow a family to lose their home when they were ready, able, and willing to pay the mortgage, but could not because the mortgage company refused to accept any more payments from them. Our client gave emotional testimony and the mortgage company had a corporate representative appear for trial. Â
Results
The judge agreed with our client and denied the foreclosure. He ordered it dismissed. Several months later, the mortgage company refiled foreclosure despite not doing anything in the mean time to help our client get back on track. We have also filed another lawsuit for damages in federal court. Both the new foreclosure and new damages lawsuit are pending.
*Case and results not typical of every situation we encounter. Your case and your situation will vary from the ones described here.
