Recent Court Victories for Our Foreclosure Law Clients

man with kids on beach

We Fight for the American Dream of Homeownership

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

-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 Law Offices of Jason W. Estavillo is a California Law firm that specializes in Real Estate and Foreclosure litigation. Attorneys Jason W. Estavillo and Caitlin Phair have close to four decades of experience behind them, successfully defeating banks such as Wells Fargo, Bank of America, JP Morgan Chase, The Bank of New York Melon, and many more.

We have one of the largest success rates and represent clients in Alameda, Sonoma, Santa Clara, Santa Cruz, Monterey, Orange, San Diego, Marin, Contra Costa, Napa, Sacramento, San Francisco, Los Angeles, Ventura, Solano, San Joaquin, and San Mateo counties.

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 legal consultation, visit our contact us page or call 510-982-3001. We are open Monday-Friday from 9:00 am -5:00 pm.

 

Leave a Comment

*

For security, use of Google's reCAPTCHA service is required which is subject to the Google Privacy Policy and Terms of Use.

If you agree to these terms, please click here.