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Plaintiff alleged causes of action for promissory estoppel, negligence, fraud, breach of contract, and wrongful foreclosure against a mortgage loan servicer and loan investor. The claims were based on two different theories, that the servicer misapplied the HAMP guidelines and improperly denied plaintiff for a HAMP modification, and that the servicer orally promised to change the terms of a different… Read More

A court in the U.S. District Court, Northern District of California granted a summary judgment motion by national bank acting as loan servicer. Plaintiff alleged causes of action for negligence and violation of California Business Professions Code section 17200, and the claims were based on allegations that the bank was negligent in its review of multiple loan modification applications from… Read More

In Santa Clara County Superior Court, plaintiffs raised causes of action against a national bank acting as a mortgage loan servicer for breach of the implied covenant of good faith and fair dealing, promissory estoppel, negligent misrepresentation, fraud, and breach of contract. Plaintiffs alleged that the bank mislead them into applying for a loan modification which was not possible, and… Read More

A jury in Alameda Superior Court awarded a mortgage loan investor the damages it sought under two different theories raised in a cross-complaint after the former borrower wrongfully continued to possess the property and defy the eviction process for years after the lawful foreclosure was completed. Earlier, on successful demurrers and a motion for summary adjudication, the court dismissed numerous… Read More

In San Mateo County Superior Court, the court granted summary judgment in favor of a mortgage servicer on a wrongful foreclosure claim involving compliance with the California statutory mailing requirements. Earlier, on successive demurrers, the court dismissed plaintiff’s causes of action for wrongful foreclosure based on alleged “dual tracking,” negligence, negligent infliction of emotional distress, and intentional infliction of emotional… Read More

Severson & Werson attorneys Joseph W. Guzzetta and Laszlo Ladi prevailed in a trial of multiple claims of violation of the California Homeowners’ Bill of Rights in a three-week jury trial in San Mateo County Superior Court. Mr. Guzzetta and Mr. Ladi represented a major national bank in a trial of claims that the bank, acting as loan servicer, had… Read More

Financial services attorney Andrew Noble delivered back-to-back victories to residential mortgage servicers at recent trials. On February 6, 2018, a jury reached a verdict for the servicer in a trial at the U.S. District Court for Northern California where the borrower alleged the servicer had mishandled a series of monthly payments. Three weeks to the date earlier, a Jefferson County,… Read More

In representing loan servicing clients in a lawsuit concerning a failed short sale of high-end property, filed a successful anti-SLAPP motion that eliminated claims and required plaintiffs to pay attorney fees.   Read More

Represented a mortgage banking client that funded a loan, but due to escrow company’s malfeasance, the loan was not secured by the real property as it should have been. Mr. Campbell filed an action and obtained a judgment for the lender establishing an equitable lien in the amount of the loan, with priority over the competing lien. Read More

After our client foreclosed but then rescinded the foreclosure, Mr. Campbell obtained summary judgment in a case in which the plaintiff alleged that our client had admitted it foreclosed in error, improperly revoked a loan modification offer, and violated foreclosure procedure. He then defeated plaintiff’s motion for new trial, and later successfully defended a subsequent lawsuit after our client eventually… Read More

Defended bank in a complicated multi-party case alleging the bank had violated first a restraining order and later an injunction, resulting in serious personal injuries and other damages. Through a carefully planned sequence of pre-trial motions, Mr. Campbell successfully narrowed the case by eliminating numerous claims and adverse parties, culminating in successful judgment for our bank client at a bench… Read More

After property owners obtained a state court judgment quieting title and eliminating our client’s million-dollar deed of trust, without notice to our client, Mr. Campbell filed a lawsuit and obtained a judgment in federal court re-establishing the lien and voiding the prior state court judgment. Read More

Won in a declaratory relief action regarding coverage under an aircraft general liability policy. Elizabeth drafted the motion for summary judgment, which was granted by the Federal District Court for the Eastern District of California. Read More

Won an issue of first impression in California regarding the number of claims and available policy limits for multiple lawsuits arising out of in-vitro fertilization. Elizabeth helped draft the summary judgment motion, which was granted by a California State Court. Read More

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