Leading Consumer and Homeowner Rights Attorneys: Protecting Families, Achieving Economic Justice

Our attorney blog allows us to keep our readers up to date with legal news, law firm announcements, current events, and other tidbits of information that you won't find anywhere else. In short, regular blog entries, we will share our thoughts and opinions on legal news and happenings related to consumer rights, consumer class action lawsuits, wrongful foreclosure cases, car and truck accidents, pedestrian and motorcycle accidents, and child accident injuries.
Blog Category:

Wrongful Bank Foreclosure

7/13/2010
Andrew J Garcia
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Banks Recording Customer Calls for "Training Purposes."

A homeowner called a large national bank about her pending loan modification to try and get some answers about the 10 month waiting period. The bank told her that it may record the conversation for "training purposes." When she said she wanted to record the call for her own purposes, the bank said, sorry, we won't talk to you. Share your nightmare bank stories with Phillips & Garcia.

7/9/2010
Andrew J Garcia
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Buying Bank Owned Property? You May Be at Risk of a Wrongful Bank Lockout

Buyers of bank owned property may be at risk of a wrongful bank lockout or seizure, which means that the selling bank may actually unlawfully enter the property after the sale, change the locks and seize the property. Buyers have rights, though.

7/7/2010
Andrew J Garcia
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Tougher California Wrongful Foreclosure Laws Eyed by Law Makers

Californians may get better protection from wrongful foreclosures while their loan modification applications are pending under SB 1275, the new Homeowners Bill of Rights. Golden State homeowners have rights against wrongful foreclosure and home seizures.

6/30/2010
Andrew J Garcia
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Bank of America Wrongfully Forecloses on Naples, Florida Homeowner

Another Florida homeowner is a victim of a wrongful foreclosure when Bank of America files a foreclosure lawsuit against a retired police officer who bought the house directly from BoA just months earlier! Victims of Florida wrongful foreclosures have rights.

6/12/2010
Phillips & Garcia
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Junk Fees Being Added to Mortgage Payments by Banks and Servicers

If you've discovered unexplained mortgage fees such as property maintenance fees on your bank statement, you're not alone - there are thousands of other consumers being charged excessive junk fees on their mortgages every month.

6/11/2010
Advocate for the Injured
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Wrongful Foreclosure Attorney, Carlin J. Phillips, Explains Illegal Lockouts to AOL Reporter

If a bank has locked you out of your home or thrown out your possessions in a wrongful trashout, you should know you have rights.

6/10/2010
Phillips & Garcia
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Wrongful Lockouts and Trashouts - Homeowners Seem to Have Fewer Rights Than Tenants

If a bank has wrongfully locked you out of your home or taken and thrown out your possessions as part of a wrongful trash-out, you have rights. The trash-out business is booming in this foreclosure crisis. Learn how to exercise your rights against banks.

5/22/2010
Andrew J Garcia
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Wrongful Foreclosure Lockouts Cause Loss of Personal Treasures

Homeowners lose more than just personal possessions in wrongful foreclosure lockouts. They lose important personal treasures and memories.

5/20/2010
Andrew J Garcia
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Loan Modification Program Leaves Many Worse Off Says WSJ

WSJ article only touches the surface of the real loan modification nightmares that homeowners are experiencing across the country. Phillips & Garcia, a leading wrongful foreclosure firm, wants to hear your loan modification nightmare story.

5/18/2010
Andrew J Garcia
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California Loan Modification Activity Highest in Nation

High California loan modification activity is coupled with numerous reports of loan modification nightmares. Homeowners report being held in trial modification periods of 7 months or more despite countless inquiries to their bank.

5/15/2010
Andrew J Garcia
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Loan Modification Nightmares Reported About CitiMortgage

CitiMortgage homeowners are reporting more loan modification nightmare stories across the country. Homeowners consistently state that they satisfied all trial modification requirements, are then dragged out for 7-8 months, and then are denied and defaulted by CitiMortgage.

5/13/2010
Andrew J Garcia
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Bank Home Seizures Reach Record Levels in April 2010

Mortgage foreclosure seizures reached record levels as over 92,000 American homes were seized by banks in April 2010. With increased seizures, wrongful foreclosure lockouts are more likely.

5/13/2010
Andrew J Garcia
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Wrongful Foreclosure Lockout and Trashout Case Settled

Victims of wrongful foreclosure lockouts and trashouts find it difficult to find a local lawyer to help them exercise their rights. Wrongful foreclosure lawyers settle wrongful foreclosure lockout case for six figure settlement.

5/12/2010
Andrew J Garcia
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Finding a Wrongful Foreclosure Attorney

Victims of wrongful foreclosure lockout describe difficulties in finding local attorney to help them and how they discovered the wrongful foreclosure attorneys at Phillips & Garcia.

5/8/2010
Andrew J Garcia
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Bank of America Apologizes for Wrongful Foreclosure Lockout

Bank of America recently apologized to a Fort Worth homeowner for a "coding error" that led them to twice attempt wrongful foreclosure lockouts on a home that it had previously sold at a foreclosure auction.

According to an article in the Fort Worth Star-Telegram, Freda Snowden's 29 year old son bought a home in September 2009 at a foreclosure auction and moved in a month later. In November, he came home to find that the house was broken into and that someone tried to change the locks. Police reportedly told him that squatters might be trying to enter the house.

Not feeling safe in his own home, he moved out in December and put the house up for sale. Other victims of wrongful foreclosure lockouts have reported similar feelings. But, in February 2010, the house was again broken into and the locks were changed (this is known as a foreclosure lockout).

A few days later, Snowden discovered that it was a Bank of America agent who had re-keyed the locks because of a pending foreclosure on the house by Bank of America. After weeks of trying to clear the problems with Bank of America, officials at the bank acknowledged that they had mistakenly locked out Snowden because the bank's records wrongly showed that the original buyer still owned the property (see related news story here).

Victims of wrongful foreclosure lockouts and seizures have rights. Phillips & Garcia, P.C., a leading law firm in wrongful foreclosure and seizure cases, is now taking cases in any state where there has been a wrongful foreclosure, lockout or trash-out of a borrower's home. Although we are licensed in Massachusetts, we can associate with qualified attorneys in your state.

5/3/2010
Andrew J Garcia
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Wells Fargo Ordered to Pay$155,000 for Foreclosure Lockout

A Suffolk County New York Supreme Court Judge recently ordered Wells Fargo to pay a homeowner $150,000 in exemplary damages, $4,892 for lost property damages and $200 for trespass damages due to its conduct in handling a foreclosure against one of its homeowners. You can read the text of the Court's decision here.

During a foreclosure action against one of its homeowners, a Wells Fargo agent entered onto the homeowner's property without prior notice to the homeowner and changed the locks, thereby locking him out. After the homeowner told the foreclosure attorney that he prohibited Wells Fargo from entering onto the property again, a Wells Fargo agent entered onto the property and some of his personal property was missing.

Wells Fargo attempted to defend its conduct by arguing that the mortgage allowed them to enter onto the property to safeguard and secure it. According to Wells Fargo they can also enter the property where there was evidence that the property was abandoned. The Court summarily dismissed these arguments by specifically finding that there was no evidence at all that the homeowner had abandoned his property and that under the terms of the mortgage, the bank could only enter the property 1) under reasonable circumstances AND 2) when it had FIRST given notice in advance of its entry.  Wells Fargo had never given notice to the homeowner before it's lock-out and trash-out of the property.  

Wells Fargo's lockout without prior notice is not uncommon when a homeowner is behind on his or her mortgage OR even when the bank mistakenly believes that the loan is in default due to missapplication of mortgage payments or some other internal accounting error.  Homeowners can learn more about how to protect themselves from illegal lockouts and trashouts from our FREE Report

Legal Help for Wrongful Foreclosure and Seizure in Any State.  Phillips & Garcia, P.C., a leading law firm in wrongful foreclosure and seizure cases, is now taking cases in any state where there has been a wrongful foreclosure, lock-out and trash-out of a borrower's home.  Although we are licensed in Massachusetts, weassociate with a qualified attorney in your state.


5/1/2010
Andrew J Garcia
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Lockouts Can Happen While You Are Away From Home

New Jersey woman locked out of home by Bank of America while she is away visiting family for Thanksgiving. Her situation shows danger of illegal lockout while you are away from home.

4/26/2010
Andrew J Garcia
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Michigan Couple Latest Victims of Illegal Lock Out

Rick and Sherry Rought become victims of illegal lock-out and wrongful foreclosure on home bought by couple directly from Deutsche Bank. Allege that Field Asset Services broke into home 3 times after buying home for cash.

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