Category: Cases
Victory For Homeowners: Court Of Appeal Rules In Their Favor To Recover Attorney Fees Under The Homeowners Bill Of Rights
On June 12, 2015, the California Court of Appeals for the Third Appellate District ruled in favor of homeowners who incurred attorney fees and costs as a result of stopping the foreclosure process of their homes. The ruling, Monterossa v. The Superior […]
Foreclosure Law Firm Butler & Hosch Shuts Down
Butler & Hosch, one of the nations largest foreclosure law firms shut their doors last week. The Firm, founded in 1972, had offices in multiple states and was handling up to 60,000 foreclosure cases when it closed. The employees were notified of the […]
Judge Finds In Favor Of Homeowners In Case Against Citibank
A colleague of the Estavillo Law Group and founder of Foreclosure Defense Nationwide¸ Jeff Barnes, Esq., was successful in Florida Circuit Court where the Judge ruled in favor of the homeowners in a securitization case where Citibank was the “indenture trustee” for […]
Obama Announces Measure To Lower Mortgage Insurance Rates
In an effort to help the housing market, President Obama announced his decision to introduce a measure to lower mortgage insurance rates on federally issued mortgages. The new measure Measure is intended to aide hundreds of thousands of people across the country purchase […]
State Of New York Awarded $150 Million In Foreclosure Settlement
Ocwen, an Atlanta-based firm, will pay New York’s Department of Financial Services (DFS) $150 million awarded due to their wrongful foreclosure activity. According to a court filing, the lawsuit accused Ocwen of commiting fraud by overcharging borrowers in order to drive […]
The Federal Housing Finance Agency Announces New Post Foreclosure Policy
The Federal Housing Finance Agency (FHFA) recently announced a new policy allowing homeowners who lost their homes to foreclosure the opportunity to buy their properties back at current market value if the properties are owned by Fannie Mae and Freddie Mac. This […]
Foreclosures On The Rise
According to CNBC, the number of borrowers losing their homes is rising again. 123,109 properties were reported to be in some state of foreclosure during the month of October representing a 15% increase from September. At The Law Offices of Jason W. Estavillo, […]
Every Day, Another Home Disappears Into Foreclosure
The reality of foreclosure litigation: If you have been threatened with foreclosure you need to know that the latest foreclosure laws can protect you and your home. For example, it is illegal for a bank to foreclose upon you if you are […]
Save Your Home Conference
Jason W. Estavillo will be manning the FDN booth along with three other foreclosure experts at The Save Your Home America alliance conference this Saturday. The conference is being held in the Los Angeles Fairplex (in the Los Angeles County Fairgrounds […]
The Servicemembers Civil Relief Act
Are you an active Servicemember with the Army, Navy, Air Force, Marine Corps or Coast Guard? Are you or a dependent facing a foreclosure of your personal residence? Under the Servicemembers Civil Relief Act (SCRA) your primary residence cannot be […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]