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Wednesday, 27 August 2014 00:00

Foreclosure Law

Foreclosure Law

David Trapani is an expert at Foreclosure Law.

Some noteworthy cases include:

1.  Defense of an action brought by a property purchaser against my clients who had purchased the same property at a foreclosure sale. Unbeknownst to my clients, while they had bid on and won the purchase of a property at a foreclosure sale, the former owner was at the same time closing escrow to sell the property to a third party. My client had the "trustee's deed" to the property after foreclosure and the other party claiming ownership had a "grant deed" out of escrow. We lost at trial, but won the case on appeal and my clients won title to the property. Nguyen v. Calhoun.

2. Carson v. Wells Fargo Bank - This was an action we brought against Wells Fargo on behalf of a family who had reached an oral loan modification with the bank. The bank reneged on the loan modification and proceeded to foreclosure. We won a restraining order and kept the family in their home for approx. one year without any mortgage payments. The trial court then denied the preliminary injunction. This case is currently on appeal. We are seeking to make some case law precedent establishing a "good faith" requirement on banks to live up to their agreements with homeowners.

3. Zeller v. IndyMac (One West Bank) - This is an action (currently pending) we brought against the lender for homeowners to stop an eviction after a foreclosure sale for wrongful foreclosure. We won the restraining order and the clients have retained their home for nearly 1 1/2 years without mortgage payments via court order.

4. Tenuto v. Chase Home Finance, LLC - This is an action currently pending where the client is a 74 year old gentleman who was duped into a loan when the lender fraudulently inflated income on the loan application, stating that the borrower was making $30,000 per month when he was making less than 1/3 that amount. This typed portion of the loan application was not disclosed to the borrower and he did not sign or initial the page containing this data. We won a restraining order preventing foreclosure of his home on December 1, 2010.

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