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You may think that you are alone in your legal struggle, but the truth is that people just like you find themselves in similar situations each day. In these news article summaries, read about others who are fighting for justice and what is rightfully theirs -- whether it involves consumer class action lawsuits, traffic accident injuries, personal injury cases, child injury lawsuits, or wrongful foreclosure lawsuits.

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Wrongful Bank Foreclosure

Texas Lawsuit Alleges Wrongful Foreclosures by Bank of America
Jul 13, 2010
Texas RioGrande Legal Aid (TRLA) recently filed a lawsuit for 15 low-income Texas homeowners against Bank of America alleging that BoA intentionally misled them, prevented them from modifying their mortgages and even ignored agreements for lower monthly payments.

In the lawsuit, the Texas homeowners allege that they all experienced difficulties in working with BoA while they were trying to save their homes from foreclosure. According to the homeowners, they were given inconsistent and misleading information by BoA representatives, were given misleading paperwork, not given important papers related to their requests for modifications, or not told about important deadlines.

TRLA's lawsuit also claims that BoA's conduct forces struggling homeowners into foreclosure by hindering their loan modifications and ignoring homeowners' inquiries.

The TRLA is a non-profit legal aid organization that was established in 1970 to offer assitance to low-income and disadvantaged Texas residents.

Lawsuits like this seem to be a growing trend around the country. Residents of Nevada recently filed a lawsuit requesting class action status against Bank of America for its loan modification practices. Phillips & Garcia, P.C., is a leading law firm in wrongful foreclosure home lockout and seizure cases. Although we are licensed in Massachusetts, we can associate with qualified attorneys in your state. If you've been the victim of a bank locking you out before foreclosure, contact us for a free case evaluation.
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Michigan Homeowners Get Possible Relief from Foreclosure
Jul 08, 2010
Michigan State Governor, Jennifer Granholm, announced the creation of a new $154 million fund to help Michigan homeowners stave off foreclosures. The program, known as the Helping Hardest-Hit Homeowners Fund, will be managed by the Michigan State Housing Development Authority in conjunction with participating banks and mortgage servicers.

The governor's office estimates that the new fund could help as many as 17,000 Michigan homeowners. However, she warns that once the funds are gone, they are gone.

Michigan State Housing Authority Director, Gary Heidel, has encouraged any homeowner facing foreclosure or who may fall into foreclosure to contact their bank or loan servicer immediately about the program.

Applications for the program will be fielded by mortgage providers to the Housing Authority beginning July 12, 2010.

For more information about the Helping Hardest-Hit Homeowners Fund visit www.michigan.gov/hardesthit. - 2 - 10
Bank of America Wrongfully Forecloses on Naples Florida Home
Jun 30, 2010
Bank of America wrongfully foreclosed on a home that it actually sold to a Naples, Florida resident some four months earlier.

Naples News.com and the Naples Daily News report that Warren Nyerges, a retired Cleveland area Ohio police officer who left the Buckeye State for greener pastures and sunshine in Naples, Florida, bought the house directly from Bank of America in late 2009. Living their American dream, the couple enjoyed fixing up their new home.  He bought the home from BoA and he had actually offered $5,000 more than Bank of America asked. The deal was quickly sealed with title insurance.

Then the ball dropped, in February 2010 the couple was served with a notice that Bank of America was foreclosing on the property. The retired officer took action and immediately contacted BoA. After avoiding his phone calls for weeks, he went into one of Bank of America's local branches so they could no longer escape him.

Adding insult to injury, the people he spoke with at Bank of America were less than sensitive and failed to understand why he was so upset.  The foreclosure process is reportedly on hold while Bank of America "researches" the problem. But, the frustration and embarrassment of foreclosure proceedings continues for Mr. Nyerges.

As the number of foreclosures increase in Florida, it stands to reason that the number of wrongful foreclosures and illegal lock-outs is rising. But, Florida homeowners who are victims of Florida wrongful foreclosures have legal rights. Victims of Florida wrongful foreclosures and lockouts who need to learn more about their rights can always request our free report, "Foreclosure Lock-Outs and Trash-Outs: Consumers Have Rights" posted on our Home page. Homeowners with questions can continue to call us directly at 877-892-5620 or fill out and send in a confidential Contact Form.
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Nevada Woman Loses Everything in Wrongful Foreclosure Lockout
Jun 29, 2010
A Las Vegas woman lost everything in a wrongful foreclosure lockout and trashout according to an article in the Las Vegas Sun. According to the condo owner, a small real estate group based in Henderson, NV, hired a lock-out company to seize her condo while she was away enjoying a winter vacation in Utah. The lock-out company had been instructed to take her belongings to the dump – which they did.

When she returned, the only things that were inside her apartment was a curtain rod and satellite dish, EVERYTHING else had been taken to the dump, including priceless family photos, immigration papers, financial documents, medical papers, furniture, and clothing.

The Sun reports that the group had sent the lock-out crew to the wrong condo, they intended to foreclose on the condo next door. Admitting their mistake and accepting responsibility, the realty group offered her $20,000 as compensation for the destroyed belongings.

However the injured homeowner has rejected their offer and is seeking triple the damages for personal property, which a new Nevada state law enacted October 1, 2009 allows her to do. She is seeking $200,000.

The lawmaker’s intention when passing the new state law was to force banks and real estate companies to be diligent and attentive before they take over a property. Perhaps she would have been more understanding and less likely to pursue an aggressive settlement if this were her first problem with the company. Unfortunately earlier in December they had changed the locks on her condo with out permission. After she complained, they admitted their mistake but instead of changing the locks back, they simply gave her keys to the new locks.

If you are the victim of a Nevada wrongful foreclosure lockout, you have rights. No one has the right to take your private property, especially through a wrongful foreclosure. Order your FREE REPORT about lockouts and trashouts now.

The attorneys at Phillips & Garcia focus on wrongful foreclosure lockout and trashout cases. Contact us for a FREE consultation. While we are licensed in Massachusetts, we can often associate with an attorney in your state to represent YOU.

Sources: Real Estate Economy Watch and Las Vegas Sun
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Bank of America Agrees to Pay $108 million to 200,000 Homeowners
Jun 09, 2010

Bank of America agreed to settle charges by the Federal Trade Commission (FTC) that Countrywide Financial Corp. collected "junk fees" from almost 200,000 homeowners facing foreclosure. According to reports by MSNBC , Countrywide (which Bank of America acquired about 2 years ago) will pay $108 million to settle the federal charges.

The settlement is intended to refund various "junk fees" that were charged by Countrywide while borrowers faced foreclosure or were trying to save their homes with a loan modification. The fees, which went unexplained to homeowners, were often for property inspection fees and maintenance fees. In addition, the FTC alleged that Countrywide misled borrowers who were already in Chapter 13 bankruptcy not only about the amount of their loan, but also the status of their loan.

Junk fees assessed against homeowners, particularly those in the loan modification process, generate profits for servicing companies like Countrywide to the detriment to borrowers. Junk fees present HUGE barriers in the loan modification process, says Diane Thompson, an attorney with the National Consumer Law Center. Not all fees incurred during the loan modification period are junk fees though, some fees are legitimate costs homeowners should be expected to cover and others are negotiable.

Before Bank of America bought Countrywide in July 2008, Countrywide was the largest mortgage servicer in US. This latest deal with Bank of America represents the largest mortgage settlement for the FTC.

If you believe that you've been charged "junk fees" by your bank or mortgage lender, Phillips & Garcia may be able to help. Please contact us to share your story.

SOURCE: MSNBC
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Foreclosure Program Designed to Protect Maryland Homeowners
May 23, 2010
New foreclosure legislation in Maryland will give homeowners the legal right to mediation with their lender during foreclosure proceedings. This could be welcomed news for homeowners stuck in a mortgage loan modification nightmare with their lender.

"With my signature today, we are empowering our fellow Marylanders, putting them on a more equal footing with mortgage companies that too often can't be bothered to pick up the phone before beginning a foreclosure proceeding," Maryland Govenor Martin O'Malley said in a statement. "This legislation will help keep more Marylanders in the homes they worked hard to purchase."

According to an artilce in the Washington Post, under the bill, the lender is required to send an application for a loan-modification or loss-mitigation program to the homeowner at least 45 days before a foreclosure action is filed in court. It is also mandated that the lender pay a $300 fee for a foreclosure filing. The Post also reports that the homeowner has 15 days after receiving the lender's final loss-mitigation affidavit, which states reasons for denial of a loan modification, to request a foreclosure mediation. The request must be sent to the Circuit Court, along with a $50 fee.

Given the growing numbers of homeowners complaining about being caught in a loan modification process with some lenders that can last up to 7, 8 or 9 months, only to result in an unexpected denial and ultimate foreclosure, this new legislation could be much needed relief.

If you are caught in a loan modification nightmare, Phillips & Garcia wants to hear about your experience. Contact us to share your story.

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.

SOURCE: The Washington Post
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Banks Could Pay for Foreclosure Blight in Los Angeles
May 22, 2010
The Los Angeles City Council passed one of the country's toughest ordinances on Thursday which is designed to penalize banks that foreclose on homes and then allow properties to become blights on local neighborhoods. Under the new ordinance, if a foreclosed home falls into disrepair, a bank can be fined up to $100,000.

According to reports from KABC-TV 7, Los Angeles County has approximately 100,000 homes in some state of foreclosure. Once banks seize homes, though, they often fall into disrepair and can become part of the "broken windows" theory of crime, attracting vandalism, challenging public safety, and dragging down the value of other homes in the neighborhood.

L.A. City Council President Eric Garcetti was a sponsor of the ordinance that is aimed at keeping banks from neglecting foreclosed homes. The ordinance creates a central registry of foreclosed homes and require banks to give the city the name of a local contact person. Failure to comply with maintenance regulations could result in fines of $1,000 a day, up to $100,000.

In addition to establishing a registry of foreclosed homes, the ordinance would also force banks to provide a list of homes in pre-foreclosure status. "The best thing that would happen is that the banks would really work to renegotiate these loans and mortgages with the homeowners. That's what we really need. That would be the best corporate citizenship that they could provide during this tough economic time," said L.A. City Councilwoman Janice Hahn.

Encouraging banks to try and renegotiate mortgages and to communicate with homeowners is welcome news in light of the substantial increase of wrongful foreclosure lockouts and trashouts happening across the country.

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. Contact us for a free consultation about your wrongful foreclosure lockout or trashout
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Foreclosure Seizures At Record Levels
May 13, 2010
According to reports from the Associated Press, U.S. banks seized a record 92,000 homes across the country in April 2010.

Although RealtyTrac, Inc., a foreclosure listing firm in Irvine, Calif., reported a decline in the number of new foreclosure filings, that number was blunted by the record setting statistics of foreclosure seizures. And, there appear to be signs of millions of more foreclosures ahead. Nearly 12 percent of all households with mortgages have reportedly missed at least one mortgage payment or were in foreclosure in March 2010.

Tough economic times are the main catalyst for foreclosures in 2010. However, many other factors including unpaid medical bills and divorce can place tremendous strain on a household's finances.

Among states, Nevada posted the highest number of foreclosures in April, with 1 in every 69 households receiving a foreclosure notice. Next on list were Arizona, Florida, California and Michigan.

With the record number of seizures, it is only logical that the numbers of wrongful foreclosure lockouts and trashouts will increase across the country. A typical wrongful foreclosure lockout often involves a real estate management company that works for a bank entering a home without prior notice, changing locks, taking personal items, and winterizing the house. See related video 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.

Sources: CBS News.com and The Associated Press - 8 - 10
Bank of America Attempts Wrongful Lock Out of Fort Worth Homeowner
May 08, 2010
Freda Snowden's 29 year old son bought a Fort Worth home in September 2009 at a foreclosure auction and moved in a month later. Bank of America apparently was holding the mortgage that was being foreclosed on.

In November 2009 he returned home to find that the house had been broken into and that someone tried to re-key the locks. He reported it to the police who reportedly told him that squatters might be trying to enter the house.

Not feeling safe, he moved out in December and put the house up for sale. In February 2010, though, the house was again broken into and the locks were changed.

A few days later, Snowden's real estate agent was showing the house and an agent for Bank of America walked in and said that his company had re-keyed the house because of a pending foreclosure by Bank of America.

Freda Snowden began calling her son's lender (which wasn't Bank of America) and her son's title company who assured her that he son did own the house. She then called everyone at Bank of America, but she said that no one would talk with her.

It took her some time, but officials at Bank of America finally acknowledged to Freda Snowden that they had mistakenly locked out her son because the bank's records wrongly showed that the original buyer still owned the property. According to Freda, it took weeks of trying to deal with officials at Bank of America to clear up the issue. Finally, officials at Bank of America apologized to her and her son and agreed to reimburse her for damages of about $600.

Snowden called the ordeal a nightmare and wondered how many other families this was happening to. The Snowdens' situation is similar to wrongful foreclosure lockouts that happened to a Michigan couple.

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, lock-out and trash-out of a borrower's home. Although we are licensed in Massachusetts, we associate with a qualified attorney in your state.

Source: Fort Worth Star-Telegram
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Wells Fargo Ordered to Pay $155,000 for Wrongful Foreclosure Conduct
May 03, 2010
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.

The case is Wells Fargo Bank, N.A. v. Tyson and began in 2007 as a foreclosure action brought by Wells Fargo. In January 2010, though, the homeowner, Steven Tyson, requested a conference so that the Court could address what it identified as "certain serious issues" involving Wells Fargo that had arisen during the foreclosure.

According to the Court's findings, Wells Fargo held a mortgage on Tyson's property and began its foreclosure action. Due to financial difficulties, though, Mr. Tyson discontinued the utility service on the property, winterized the plumbing and the heating, secured the property, maintained the property and left many of his personal belongings in it. Although Mr. Tyson resided elsewhere, the Court found that he never abandoned the property, never showed an intent of abandoning the property and visits it at least weekly.

On November 13, 2009, though, Wells Fargo dispatched an agent to Tyson's property, who changed the locks and barred Tyson's access to the property;; known as a lock-out. Wells Fargo did not give prior notice of this entry. When he contacted Wells Fargo's foreclosure attorney, Mr. Tyson was given a new key to the property and he directed that Wells Fargo NOT enter the property again.

Despite his directions, Wells Fargo entered the premises again in late December or early January. When he discovered this, Mr. Tyson secured the property and later again that same day found that someone had entered his home and some of his personal property was gone; a trash-out.

Wells Fargo defended its actions by arguing that the mortgage allowed them to enter onto the property to safeguard and secure it and also 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 Mr. Tyson 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 Mr. Tyson before it's lock-out and trash-out of the property. - 10 - 10