Glaski Update

Last month the California State Supreme Court denied Bank of America’s request to de-publish the Glaski decision (a landmark decision that was issued last summer).  As previously stated, the Court concluded that the homeowner’s “factual allegations regarding post-closing date attempts to transfer his deed of trust into the WaMu Securitized Trust are sufficient to state…

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Estavillo Leads Three More Clients to Foreclosure Law Success

The Law Offices of Jason W. Estavillo led clients to foreclosure law success in three recent court rulings. In one case we defended a client in summary judgment brought by Aurora Loan Services.  In two other cases we were successful in getting the courts to issue a TRO (temporary restraining order) and a preliminary injunction…

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Homeowner Victorious in Unprecedented Foreclosure Case Against Bank of America

The Fifth Appellate District of the California Court of Appeals issued a 29-page opinion which reversed the trial court’s granting a demurer in favor of Bank of America and against the homeowner (Glaski) in an unprecedented foreclosure case.  Some of the claims alleged by the homeowner included claims for Wrongful Foreclosure, Quiet Title, Declaratory Relief,…

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Estavillo Stops Foreclosure Using Newly Enacted Law –California Homeowners Bill of Rights

This week the Law Offices of Jason W. Estavillo was successful in getting a Temporary Restraining Order (“TRO”)  to stop a foreclosure that was scheduled for tomorrow in Alameda County Superior Court.  The decision was based on the recently enacted California Homeowners Bill of Rights.  Contact us to find out how these newly enacted laws impact…

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Borrowers Who Comply With A Trial Period Plan Now Offered Loan Modification

According to recent California case law, a borrower who complies with a Trial Period Plan (“TPP”) must be offered a permanent loan modification. In West v. JPMorgan Chase Bank, N.A., 214 Cal. App. 4th 780 (2013) after her home loan went into default the homeowner agreed to a TPP, a form of temporary loan payment…

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Independent Foreclosure Review Settlement Checks From RUST

Did you receive an Independent Foreclosure Review Settlement Check from RUST? (The Independent Foreclosure Review Administrator) If so, you may be wondering what the check is for and how it might impact your foreclosure. Earlier this year thirteen mortgage servicing companies subject to enforcement actions for deficient practices in mortgage loan servicing and foreclosure processing reached an agreement…

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California Code of Civil Procedure §529: What is it and How Does it Impact Your Case?

In my previous post I discussed how to stop a foreclosure using a court order.  When time is of the essence we go in ex parte to get a TRO aka temporary restraining order, but as the name suggests it is only temporary. Ultimately your attorney will have to ask the court to issue a…

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How do I stop foreclosure?

That is a question that is asked by anyone facing an impending foreclosure in California. Because California is a non-judicial foreclosure state the purported lender or agent on behalf of the lender only needs to jump through a couple of hoops, none of which require any court or legal oversight in order to sell your…

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Success Against JP Morgan Chase

This week the Law Office of Jason W. Estavillo was successful in getting a Preliminary Injucntion granted against JP Morgan Chase on a Washington Mutual Loan along with Temporary Restraining Orders (“TROs”) getting issued Friday Afternoon to stop JP Morgan from foreclosing on two homes in San Mateo County that were scheduled to be sold  next…

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Guest Speaker in Las Vegas on Mortgage Loans

On March 26th, 2011, I will be a  Guest Reference Speaker for an educational meeting in Las Vegas. We will be discussing Mortgage Securitization and it’s effect on Lender’s Legal Standing. Upon my return, I will be writing a de-brief of the seminar to give you the most important tips you should be aware of….

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