Results

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

The plaintiff alleged the servicer orally promised to postpone a foreclosure sale on the eve of the foreclosure sale. The court found there was no clear and unambiguous promise and no reasonable reliance by the plaintiff. Earlier, the court dismissed additional claims by the plaintiff for violation of the California Homeowner Bill of Rights, cancellation of instruments, and declaratory relief… Read More

A court in Santa Clara County Superior Court granted summary judgment in favor of a mortgage servicer, investor, and trustee on nine causes of action in which the plaintiff alleged the loan promissory note and deed of trust were void and therefore the defendants did not have authority because the loan was “table-funded.” 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