Victory In Napa County Against U.S. Bank & Select Portfolio Servicing

December 20, 2019

On December 11, 2019, the Estavillo Law Group, PC (the “Firm”) appeared in Napa County Superior Court seeking a preliminary injunction to stop the wrongful foreclosure of our Client’s Property.

Defendants, Select portfolio Servicing, Inc. and U.S. Bank were refusing to review our Client’s loan modification application that was submitted based upon a material change in their financial circumstances, and instead planned to proceed with the scheduled foreclosure sale. We believed this was a direct violation of the California Homeowner Bill of Rights, and more specifically, the dual tracking provision Cal. Civ. Code section 2923.6, which requires lenders to review subsequent loan modification applications that have been submitted based upon a documented change in the borrower’s financial circumstances.

Initially, the Court issued a tentative ruling in favor of Defendants’ and denying issuance of a Preliminary Injunction to halt the upcoming foreclosure sale. The Firm appeared in Court to contest the tentative, arguing that not only had our Client provided evidence in support of her material change in her financial circumstances, but that because of this documented change, Defendants’ were obligated to review her most recent application, and that a failure to do so would constitute a violation of the HBOR.

At the hearing the Judge took the matter under submission and ultimately changed her tentative ruling, and issued an order in our Client’s favor and granting her request for a preliminary injunction halting any further foreclosure activity on the Property pending resolution of the action on the merits.

Facing Foreclosure?

If you are facing foreclosure or are in jeopardy of defaulting on your loan which could lead to a foreclosure, it is extremely important for you to seek assistance to keep you and your family in your home. There are many laws and rulings that could affect the outcome of your situation, and only an experienced foreclosure attorney with knowledge of up-to-date court rulings, laws, and information on program relief should be consulted to handle your case.  There are a lot of people out there who are happy to take your money but they don’t have the experience to truly help you stop your foreclosure.  At Estavillo Law Group we do not use a one size fits all approach that many other firms use.  Instead we treat each client with a unique and personalized approach.

We know selecting an attorney to trust with your home or property is hard. Many people come to us after a negative experience with another firm and they are reluctant to trust that we will deliver on our promises.  However, our clients have told us that they sleep better knowing that we are fighting for them and that we will do everything possible to win their case.

If you would like to learn more about the Estavillo Law Group, Northern California’s Premiere Real Estate & Foreclosure Law Firm, please complete the confidential form below or contact us at 888-982-0599 to schedule your free fifteen minute phone consultation


Reach Out to an Oakland Real Estate Attorney Today

Disputes concerning real estate can have a significant financial impact on individuals and businesses alike. If there is a dispute and it appears that a compromise is not possible, it may be necessary to initiate litigation. This could mean participating in settlement or mediation talks or even bringing a formal lawsuit to civil court.

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.