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CITIZENS BANK MOTION TO DISMISS DENIED FOR INACCURATELY REPORTING DEBT AFTER FORECLOSURE

On January 30, 2018, Judge Hayes of the Southern District federal court denied Citizens Bank’s motion to dismiss our inaccurate credit reporting claims.  Based on California Civil Code 580b, when a lender decides to foreclose on a home instead of pursuing the borrower for financial damages, and if the mortgage was undertaken for the purpose of purchasing the house, then the lender cannot pursue the borrower for any deficiency between what is left of the balance of the loan after foreclosure sale.  This is known in California as the “one bite” rule—the lender only gets “one bite” at the apple in pursuing recourse for the default.

Judge Hayes agreed with our allegations that, because the lender cannot pursue the borrower for any deficiency owed on the balance of the loan, then the lender also cannot report that deficiency upon the borrower’s credit reports.  In this case, Judge Hayes found that Citizens Bank had reported false, inaccurate, and misleading information, because Citizens Bank had been reporting on our client’s credit reports that he still owed a significant balance upon the loan after the foreclosure sale, which created the misleading impression that our client was still in default upon the account even though our client had no liability at all upon the account after the Bank chose to proceed with a foreclosure sale.

You can read a copy of the ruling by clicking HERE.

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OCWEN AND IMPAC MORTGAGE MOTION TO DISMISS DENIED

  • Jared Hartman, Esq.
  • Posted on August 24, 2017

 

On August 23, 2017, Judge Miller of the Southern District of California denied a motion to dismiss filed by Ocwen and Impac Mortgage Corp., so that all causes of action remain in litigation. A copy of the court’s ruling can be found by clicking HERE .

In this case, the plaintiffs allege that Ocwen and Impac granted an affordable loan modification, and after the plaintiffs accepted the modification by following all terms required by the defendants they reversed course and refused to honor the agreement while claiming that they had determined the agreement was not affordable for them. The allegations further claim that, after refusing to honor the agreement that the defendants had offered and granted to plaintiffs, they proceeded to reject any and all payments that plaintiffs made in furtherance of the agreement, submitted false credit reporting that claimed the plaintiffs were in default each month in a much higher amount than the modification granted, repeatedly uttered false threats of foreclosure with the apparent intention of scaring the plaintiffs into paying the higher amount and disregarding the affordable modification, and repeatedly claiming to plaintiffs that they were in default in an amount much higher than the affordable modification.

The plaintiffs tried for several years to obtain the defendants’ compliance with the agreement in order to avoid litigation. Defendants then tried to use that against them by seeking dismissal for statute of limitations grounds, among other arguments, but the motion grossly misapplied the law of statute of limitations.

After so many years of being beaten down by the defendants when the plaintiffs were simply trying to do the right thing, the ruling today is a great result that allows them to continue pursuing justice against these companies who apparently are not ashamed of placing their own business profits over the concern and care for their own customers.