This story just goes to show you what can happen when these wrongful Foreclosure cases have the opportunity to be presented to a jury, with all of the evidence of the Bankster’s transgressions laid out in an understandable and comprehensive manner. Soles Of Passion could not be happier to read and spread this wonderful news! Congratulations to Phillip Linza the homeowner who won this case, and his outstanding legal team; attorneys, Andre Chernay and Jon Oldenburg of the United Law Center in Roseville, CA.
Fact is the majority of these types of cases never make it to an actual jury trial. Most are shut down by the Judges after the cases are filed via the lender’s “Motions to dismiss”, the “Demur”, and the “Motions for Summary Judgement”, before the trial is set to commence. The true life stories of how Judges have ruled on the FACTS of these wrongful foreclosure cases in favor of the lenders, in total denial of the truth has left all of the legal professionals dumbfounded, over and over . It’s no wonder that in some circles it’s said that the “Judges work for the banks”. If you want to learn more about “What’s Behind The Problem” CLICK HERE. and and look for “What’s Behind The Problem”. In this case the Judge obviously allowed both sides to get their facts in front of a jury.
This story should give HOPE to all homeowners that have been engaged in this never ending fight. There have been so many homeowners that have fallen victim to this predatory and corrupt system, bathed in greed. Families broken apart, lives turned upside down with few options for recovery (don’t get me started). It also underscores the value that homeowners need to place on having a “sharp shooter” legal team in their fight.
Here are some quotes from this incredibly inspiring story;
“It started out as a simple loan modification for a troubled homeowner. It turned into a $16.2 million jury verdict against a nationwide loan-servicing company.
A Yuba Superior Court jury this week awarded $16.2 million in damages to a homeowner who nearly lost his home to foreclosure after the loan servicer botched his mortgage modification, the homeowner’s lawyers said Friday.”
“According to the lawsuit, PHH agreed in late 2010 to a loan modification that was supposed to reduce Linza’s monthly payments to $1,543 from $2,100. The new loan was supposed to take effect in January 2011, Chernay said.”
“After Linza made three monthly payments under the new terms, PHH began sending him letters demanding different amounts. First it said his new payment was $2,350 a month – slightly higher than before the modification. Later it sent him a notice saying he owed PHH $7,056. The company also told him it wasn’t applying his monthly payments to his loan balance because he wasn’t paying the proper amount, according to Chernay.”
“It was their mistake as of January 1 (2011) that created this whole scenario,” Chernay said.”
“Despite numerous phone calls and letters, Chernay said Linza wasn’t able to resolve the problem. After learning that his payments weren’t being used to reduce his balance, he stopped sending money to PHH, the lawyer said.”
“In 2012, the loan-servicing company initiated foreclosure proceedings. The proceedings halted when the Roseville law firm stepped in and filed suit on Linza’s behalf, Chernay said.”
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