Recently Settled Cases
Cases and results cited are dependent on the facts of each individual case. Your results will differ if based upon different facts.
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.
NATALIE L. vs. WELLS FARGO BANK:
Client lost home to foreclosure. After filing suit for unfair foreclosure practices, the foreclosure was reversed and title was restored to client’s name. We successfully negotiated an eventual sale of the property through the short sale process.
KATHY V. vs. OCWEN:
In arrears, the homeowners negotiated and signed a permanent loan modification with their lender. However, the loan was subsequently sold to another bank that refused to honor the modification. With a trustee sale only 72 hours away, we filed suit. The court issued an injunction against trustee sale. The lawsuit is currently pending.
ROBERT D. vs. AURORA:
Clients – husband and wife with three children – were trying to keep their home after the wife was diagnosed with stage three pancreatic cancer and medical bills destroyed their savings and overwhelmed their monthly income. Clients’ loan modification efforts stalled and foreclosure was imminent. We filed suit and the court enjoined the trustee sale. The clients are now in a trial plan agreement with the lender.
NEIL B. vs. GMAC:
Before retaining our firm, the Client had voluntarily dismissed a previous lawsuit and signed an ill-advised settlement that left his family facing eminent eviction. Client is an active duty serviceman who was unaware of his rights under the Servicemember Civil Relief Act. After we were brought into the case, our motion to vacate both the dismissal and settlement agreement was successful based on the argument that the trustee sale was void. Title was restored in the client’s name and a Complaint for monetary damages based on the SCRA is now pending.
JOSEPHINE D. vs. BRAD F:
Client was a private investor for a commercial real estate transaction. When her buyer defaulted, she began foreclosure proceedings to recoup her investment. The defaulting buyer tried to claim wrongful foreclosure and sued for punitive damages. After a trial in Orange County Superior Court, our client was vindicated on all counts. We are now completing foreclosure proceedings on her behalf.
ROY G. vs. INDYMAC:
Client was facing imminent trustee sale. After we negotiated with the bank, the client received a permanent loan modification and adjustment to his loan. We negotiated a low fixed interest rate, lowered his monthly payment by $1,500 and we procured a $160,000 interest free principal loan deferment to the end of the loan.
MARIA F. vs. SPS:
Client had been denied a loan modification after multiple forbearances and trial plans. The client was facing imminent foreclosure; we negotiated a permanent loan modification with principal reduction.
ODILON T. vs. CHASE HOME FINANCE:
Client, a church pastor, was the victim of predatory lending and owed $224,000 in back payments and taxes on an adjustable loan that he simply could not afford. We filed suit and stopped the trustee sale with a restraining order. In a negotiated settlement agreement the client’s monthly payment was reduced from $5,563 to only $1,987. The $224,000 arrearage was deferred without interest or payments to the back of the loan.
DAVID D vs. JP MORGAN CHASE:
Client was facing foreclosure; we filed a lawsuit and received a Temporary Restraining Order and Preliminary Injunction. Client now has a court ordered Supervised Loan Workout Conference.
KRISTINA J. vs. WELLS FARGO:
Client was facing imminent trustee sale. After postponing the scheduled trustee sale 7 times and extensive negotiations with the bank, client received a Permanent loan modification and her monthly payment was reduced by approximately $500.
MATTHEW S. vs. US BANK:
Bank had given Client a permanent loan modification and client made six payments on the new loan. Bank later informed the clients that they still didn’t make enough money and the loan modification was subsequently denied. A foreclosure sale was scheduled when we filed suit against the bank and received a Temporary Restraining Order and a Preliminary Injunction. Sale date is now on hold.
KEN B. vs. WELLS FARGO:
Client was sued by Wells Fargo bank after he could no longer afford the payments on a large 2nd mortgage. Wells Fargo failed to implement the proper collection procedure before suing the client for breach contract. We defended the client by answering the lawsuit against him and the suit was dismissed with prejudice.
RHONDA H. vs. CHASE BANK:
Client was $88,000 in arrears and facing foreclosure. We stopped the Trustee Sale and negotiated a permanent loan modification. The Client’s interest only payment of $4131 was reduced to $2964 including principle and interest, and her $88,000 arrearage was deferred to the back of the loan interest fee.
TANYA C. vs. GREENTREE MORTGAGE:
Client owed Greentree Mortgage more than $200,000 on a second mortgage that was way underwater. The Law Offices of John Thomas Dzialo negotiated a discounted payoff of $20,000 and a complete lien strip.
MINH N. vs. INDYMAC :
Client owed Indymac $47,292.09 secured by a second mortgage. The current loans far exceeded the value of the property. The Law Offices of John Thomas Dzialo negotiated a complete lien strip of the $47,292.09 with no cash contribution from the client.