by Brian Mahany As we have said many times, the tide is beginning to turn against big banks and in favor of homeowners. For many years, courts simply rubber stamped foreclosure petitions. Now they are much more carefully scrutinized; particularly those filed by the nations largest banks – the so called “too big to fail.” […]
How Low Can They Go? Bank Of America Claims Death of Child Not A Hardship
by Brian Mahany By now, I should be numb to the suffering caused by Bank of America and other large lenders and mortgage servicers. That’s what they want but instead, I am fighting angry. So are millions of homeowners too. If you think we climb the soapbox a little too often in this blog, read […]
Homeowners – 1, Bank of America, Wells Fargo -0
by Brian Mahany Despite the turning tide, big banks continue to win many court battles. Individual homeowners just can’t afford to take on the banking giants and their Park Avenue lawyers. Now and then, however, homeowners win. And some times they win big. Every victory empowers more and more homeowners to come forward. Last week’s […]
Mortgage Task Force: "We'll Take Action Soon"
by Brian Mahany Every day we are contacted by at least 2 homeowners struggling to keep their home. Although we are not mortgage foreclosure defense lawyers, we do sue banks and bankers for fraud, foreclosure abuses and wrongful HAMP denials. Business is booming, unfortunately. The so-called mortgage crisis began when the housing market melted down […]
Federal Appeals Court Rules In Favor Of Homeowner In Sub Prime Case
by Brian Mahany We keep saying that courts are finally beginning to wake up and realize that not all lenders and loan servicers were created equally. Recently a federal trial court in Ohio tossed claims against Bank of America and its progeny, Countrywide Home Loans. A husband and wife homeowner sued the lenders for fraud […]
Can I Sue For Denial Of HAMP Loan Modification?
by Brian Mahany “Can I sue for denial of a HAMP loan modification” is a question we frequently hear. Some lenders (Bank of America, Citi, Wells Fargo) seem to run borrowers through the ringer only to ultimately deny them a mortgage modification. That’s a shame since Congress authorized the Home Affordable Modification Program as part […]
Death Toll From Foreclosure Crisis Climbs
by Brian Mahany Foreclosures not only destroy families and their hopes and dreams, they can also cost lives. In a nation with millions of abandoned properties, tragedy is never far away. With no one to maintain the property, abandoned houses often become home to vagrants, drug dealers, and rats. When an abandoned house has a […]
More Ammo In The Fight Against Fraudulent Foreclosures
by Brian Mahany Over the last several months we have identified many of the legal mistakes made by big banks and loan servicing companies – mistakes that may allow the homeowner to avoid foreclosure or at least force lenders to negotiate a fair and equitable resolution. Today’s post examines loan bundles and improper mortgage assignment […]
Show Down In Florida – Homeowners vs Bank Of New York
by Brian Mahany Forged mortgage documents are nothing new. Even making that statement pains me greatly. Once upon a time, no one would dream of a bank, mortgage lender or lawyer routinely forging documents. Today, its common place. A case pending before the Florida Supreme Court is set to determine if a bank that gets […]