The Foundation of Justice is Good Faith
“Hey, I just wanted to thank you for everything you helped us with regarding our home. I am thankful that you all were able to stop the foreclosure and get it back into our name when the bank sold it at auction in the middle of doing a loan mod. That was a nightmare.” Natalie L.
we provide advanced representation to clients in all areas of real estate law including: defending the client’s home from foreclosure, negotiating loan modifications, reversing foreclosure, negotiating short sale agreements, landlord tenant disputes, real estate acquisitions and sales. With the understanding that most cases never go to trial, we aggressively negotiate with the opposition in an attempt to reach an acceptable resolution for our clients without the costs of prolonged litigation and/or trial. However, if need be we are ready to take the opposing party to trial and hold them accountable!
Our fundamental success as a law firm has always been in building quality relationships with our clients. All of our clients are treated with respect for their individual goals and objectives.
Call Now for your No Obligation Consultation (866) 370-9640
Real Estate and Mortgage Division
John T. Dzialo
has 37 years experience in litigating real estate and mortgage lending cases. He has served nearly 20 years as General Counsel to a number of California mortgage lenders, bankers and real estate developers. John is widely recognized for his skills in handling complex cases and cutting to the heart of critical issues.
A graduate of the John Marshall School of Law in Chicago, Illinois, he is licensed in both Illinois and California, and admitted to practice in both State and Federal courts.
In a recently settled case (Yvette P. vs. Chase Bank), John obtained a reversal of a completed foreclosure, a complete lien strip ($550,000) and a full reimbursement of the client’s legal expenses.
We build our cases by listening closely to the client, and by gathering the relevant information so we can understand exactly what has happened to you and how it has effected your life and your family. After analyzing your case in detail, we will discuss your case with you in a frank and open fashion. We will agree to represent you only if we are 100% certain that you fully understand the possible reward, the potential risks and the likely expense. Above all we believe that the only accountable solution to your legal problem is the one that serves your best interests.
Some Recently Settled Cases
EUGENE M. vs. BANK OF AMERICA:
The homeowner was an 18 year employee of Bank of America. In 2009 she was diagnosed with terminal cancer. Knowing that her husband would need a reduced mortgage payment in order to keep their home if she were to die, she entered into the loan modification process. After 20 months of agonizing paperwork, she finally was approved for a loan modification. She signed the documents in her hospital bed and passed away three days later. Bank of America rescinded the loan modification two weeks after she died. They then put her widowed husband through another 20 months of paperwork for a new loan modification. Bank of America then denied a very frail and distraught Eugene M for a loan modification. After filing suit against Bank of America, the case was settled. Bank of America awarded our client a 2% 40 year fixed loan, forgave a $190,000 second mortgage, and reimbursed the client for all attorney fees.
YVETTE P. vs. CHASE BANK:
Clients (one an active duty serviceperson) faced imminent eviction after foreclosure sale to a third party. With the eviction still threatened, the client was deployed to Afghanistan not knowing if her family would be locked out of the home while she was gone. We negotiated a stand down on eviction with the third party purchaser, and after 14 months in litigation, the lender bought back the property and title was restored to the clients free and clear, wiping out a $550,000.00 mortgage. Attorney fees were paid by the lender.
R.H. vs. INDYMAC MORTGAGE SERVICES:
The client was 39 months in arrears on his $667,601.35 mortgage and facing a foreclosure sale in less than 24 hours. We filed suit claiming a violation of the California Homeowners Bill of Rights and the Court issued an injunction stopping the sale. After extensive negotiations, the lender agreed to modify the client’s mortgage. The modification reduced the principal balance on the loan by $279.775.00 and cut the interest rate to a 2% fixed rate for the life of the loan. Client’s monthly payment was reduced by $431.92.
JACQUELINE P. vs. BANK OF AMERICA:
This client retained our office after her house had been foreclosed on and sold to a third party. Our investigation revealed that the lender had broken clear promises to the client that the house would not be foreclosed on. We filed suit, and after 18 months in litigation the case was settled. The foreclosure was reversed, and the client received a loan modification that reduced her principal from $528,895.00 to $209,856.00 a reduction of 60%. Her monthly payment was reduced from $3,526.00 to $1,612.00.
RON and CLAUDIA L. vs. BANK OF AMERICA:
Client received an invitation from the bank to apply for the Home Affordable Modification Program. They applied and were approved for a permanent modification. The bank sent a notary to come to the Client’s home to notarize and accept delivery of the HAMP Agreement which contained the terms of the loan modification. In accordance with the HAMP Agreement, the Clients began making the payment of $3,151.04 each month. After three months Bank of American sent the Clients a letter stating “We are not considering your request for a modification because after being offered a Trial Plan Payment, you notified us that you did not wish to accept the offer. At your request, the offer has been cancelled.” Plaintiffs had never cancelled the modification request and never rescinded the Agreement. The Clients came to the Law Offices of John Thomas who then filed suit against Bank of America for Breach of Contract, Breach of The Covenant of Good Faith and Fair Dealing and Violation of The Unfair Competition Law. The Clients prevailed and they had their HAMP Agreement reinstated and the foreclosure sale was stopped in its tracks. The Clients were also reimbursed for their attorneys fees.
N.G. vs. BANK OF AMERICA:
Client was mired in a seemingly never ending loan modification process with Bank of America. After repeated denials based on dubious claims that documents had not been sent in “on time’, the Client retained the Law Offices of John Dzialo. A settlement was reached with the bank reducing the loan principal from $350,000.00 to $169,000.00, a savings of $181,370.00. Original monthly payment of $3,400.00 was reduced to $2,026.00, a savings of $1,374.00 per month.
VALERIE G. vs. BANK OF AMERICA:
Client never missed a mortgage payment and never asked for a loan modification. However, she was unaware that her ex-husband had failed to pay a property tax installment. One day she opened her mail box to find that her check for the mortgage payment had been returned to her by B of A because of the late tax arrearage. Our client assured the bank that she would be sending in a check for the unpaid taxes but the bank refused payment claiming that they had already paid the taxes and set up a tax impound account at an inflated rate that the client could not possibly afford. B of A filed a Notice of Default and began foreclosure. Based on the client’s changed financial position due to the divorce and a down turn in her business, the Law Offices of John Dzialo, reached a settlement that stopped the foreclosure and reduced the monthly payment from $13,355.00 to $7,966.00, a savings of $5,389.00 per month. Additionally the client received a principal loan reduction from $1,987,000.00 to $1,300,000.00 a savings of $687,000.00.
DANA H. vs. BANK OF AMERICA:
The client retained The Law Offices of John to negotiate a discounted payoff of her existing $99,000 second mortgage that was severely under water. After months of negotiations with the lender, the Law Offices of John obtained a complete forgiveness of the $99,000 mortgage.
LINDSEY R. vs. INDYMAC:
Clients were current on their mortgage payments but struggling financially. They contacted IndyMac and were instructed to apply for a modification. After ruining their credit and spending 12 months sending paperwork back and forth, the clients were eventually denied. When told how much they would need to pay to bring their loan current, the clients were horrified to discover that with late fees, penalties, legal fees and new tax impounds, the amount they would need to come up with was almost double what the missed payments equaled. There was no way they could come up with the money and IndyMac started foreclosure. After retaining The Law Offices of John the pending foreclosure was put on hold and a settlement was reached. All back payments were forgiven, the principal loan amount was reduced by $120,743 and the monthly payment was reduced from $5,582 to $3,753, a savings of more than $1800 a month.