Recent Court Victories for Our Foreclosure Law Clients

January 5, 2019

The Estavillo Law Group, P.C. has had a busy few months battling the banks on behalf of our foreclosure clients.  Our victories include:

  • On June 20, 2019, the Contra Costa County Superior Court found in our Clients’ favor and granted their Motion to Consolidate an unlawful detainer (“eviction”) action with their pending suit for wrongful foreclosure. This ruling effectively halts our Clients from being forcibly evicted from their home pending resolution of their wrongful foreclosure suit on the merits. Now our Clients will get to remain in their home while we continue to advocate on their behalf against Deutsche Bank for illegally foreclosing on their Property.
  •  On Friday, June 21, 2019, the Estavillo Law Group, PC was successful in having the Contra Costa County Superior Court issue a preliminary injunction in connection with a “dual tracking” violation. Nationstar Mortgage, LLC was attempting to proceed with an illegal foreclosure sale of our Clients’ Property despite the fact that our Clients’ complete loan modification application was still pending. Based on the evidence we provided, the Court granted issuance of a preliminary injunction effectively halting any future foreclosure activity on the Property until the Homeowner’s Bill of Rights violation has been corrected and remedied.
  • California Court of Appeals First Appellate – We convinced the Court that the trial judge in Contra Costa County Superior Court had errored when it granted a judgment in favor of U.S. Bank and against our Client.  The Court of Appeals found that the trial judge had incorrectly applied California Law and that our Client was not precluded from moving forward with their complaint because res judicata did not apply to our Client’s lawsuit.
  • In San Mateo County Superior Court we succeeded in getting the court to issue a Temporary Restraining Order, halting a foreclosure sale. The lender, Specialized Loan Servicing (“SLS”) failed to recognize our Client’s claim to the Property as a successor-in-interest of her deceased mothers home. This was in direct violation of Cal. Civ. Code section 2920.7, which protects successor-in-interests’ rights to the Property following the death of a borrower.
  • Marin County Superior Court granted our motion for Preliminary Injunction, effectively halting any further foreclosure activity on our Client’s home.  We will next seek attorney fees and costs.
  • Appeared in Contra Costa County Superior Court and succeeded in getting a Temporary Restraining Order issued stopping Bank of New York Mellon and Specialized Loan Servicing (“SLS”) from proceeding with a foreclosure sale of our Client’s home.
  • Succeeded in Santa Clara County Superior Court against Ocwen and Bank of New York Mellon – Judge ruled in our Clients’ favor on all issues and overruled Defendants Demurrer (Motion to Dismiss) to our Second Amended Complaint. All causes of action for wrongful foreclosure, Cancellation of Instruments, and to Set Aside the Trustee Sale survived the Demurrer. Now Defendants are required to answer the complaint which will put the case at issue and the matter will be set for trial.
  • In Alameda County we were retained to stop a foreclosure sale. We were able to draft a Complaint and appear in Court Ex Parte to request a Temporary Restraining Order in less than a week. Court granted Ex Parte and issued a TRO to stop Defendant from engaging in dual tracking, and effectively cancelling the Trustee’s Sale set for the same day. Defendants were attempting to proceed with a wrongful foreclosure sale of our Clients’ home, despite the fact that our Clients’ complete loss mitigation application was still under active review by the servicer, BSI Financial Services. This type of conduct is in direct violation of California’s nonjudicial foreclosure statute.

There is nothing we like more than keeping our clients in their homes and keeping the American dream of homeownership alive.

The Estavillo Law Group has an over 90% success rate at keeping people in their homes who were facing an imminent foreclosure. Due to our knowledge of the law, persistent discovery practices, winning focus, and experience utilizing expert witnesses we are champions in our field. Our record of success remains steadfast, winning cases against Wells Fargo, Bank of America, JP Morgan Chase, US Bank, The Bank of New York Melon, HSBC, Aurora Loan Services, Nationstar (Mr. Cooper) and several more.

At our firm, we are committed to a personalized approach, superior client experience, and getting results at an exceptional value.

If you would like a free fifteen minute legal consultation, visit our contact us page or call 510-982-3001. We are open Monday-Friday from 8:30 am -5:00 pm.


Reach Out to an Oakland Real Estate Attorney Today

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An Oakland real estate lawyer may be able to help. They are prepared to take the lead in settlement talks that could help to avoid costly court cases. However, if the case does go to court, they will take every step necessary to protect your rights. Contact us now to learn more.