According to a recent article in the New York Times, almost 7 million people have lost their homes to foreclosure since home prices peaked nearly 10 years ago. With the threat of foreclosure still looming over the heads of hundreds of thousands of homeowners who have not been able to afford their mortgages, the fear of being homeless is still very present.
When banks granted mortgages to over 6 million people at the pulse of the housing peak, they failed to take into account what could happen if homeowners defaulted on these loans. With interest rates rising and home values declining, homeowners found themselves owing more on their mortgage than the house was worth. Banks either took the homes illegally or people voluntarily walked away from their greatest financial asset and the place they raised their families.
Today, homeowners have a fighting chance to stay in their homes. Attorneys who have expertise in the foreclosure process and experience dealing with lenders are holding banks accountable for mismanaged paperwork, illegally sold mortgages, and other unscrupulous acts. Armed with the proper representation by reputable attorneys, homeowners are having their day in court.
This past month, the Law Offices of Jason W. Estavillo, PC was successful against the Big Banks in two separate cases in addition to stopping two wrongful foreclosures in Contra Costa County.
The first case was in Alameda County Superior Court. JPMorgan and U.S. Bank brought a demurrer (similar to a motion to dismiss in Federal Court) and a motion to strike. The court overruled JPMorgan and U.S. Bank on both motions and in our client’s favor. This means that once the defendants file their answer as required by the Court, the case will be at issue and will be set for trial in 2016.
In another case in Sonoma County, we were also successful in opposing a demurrer brought by Nationstar Mortgage and Bank of New York Mellon. The court found that our clients had properly plead a Wrongful Foreclosure and violation of Cal. Civil Code Sec. 2923.5 along with their Breach of Contract claim.
As a result of our expertise, both of these cases will be at issue and will be proceeding with discovery to get ready for trial in 2016. We have many more cases getting ready for trial in both Northern and Southern California, setting a strong precedent for homeowners who are the victims of unlawful foreclosure practices.
The Law Offices of Jason W. Estavillo, PC is dedicated to helping peoples whose homes are facing an illegal foreclosure. We have an unwavering commitment to our clients, and our firm is recognized as one of the most experienced firms as it relates to foreclosure litigation. We don’t just stop a foreclosure, we fight for you from the beginning to the end by initiating discovery and utilizing experts to uncover the real truth about our clients’ loans. Then it is our job to convince a judge and jury why they should rule on your behalf and against the big banks.
If you are facing foreclosure or you feel the servicer/lender is in violation of statues, you might be entitled to attorney fees and costs if we or another attorney brings a motion for preliminary injunction and the court grants the motion.
Contact us today for a complimentary consultation. We have relieved many people from the burden, stress, and hassle of recovering money spent on attorney fees and costs. Let us help you put money back in your pocket.