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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

Jury Awards $150K for Wrongful Lock-Out During Foreclosure
Apr 25, 2010
North Carolina - A jury awarded $150,000 in compensatory damages to former Cincinnati Bengals running back, Chris Perry, and his family after their family home was foreclosed on and some of their personal possessions were taken during a "trash-out" and thrown in a local landfill.

During the four week trial, the Perry's presented evidence that in 2003 GRP Financial Services foreclosed on the Perry mother's home. Blackwelder Realty & Auctions was hired to handle the foreclosure and eviction. Blackwelder then hired Triad Residential to move items out of the home.

The Perrys alleged that they planned on moving all of their personal possessions out of the house by August 2003, but that Blackwelder locked them out of the house without notice (refered to as a wrongful lock-out) in May. The Perrys said that the defendants wrongfully removed personal items that included trophies and other sports paraphernalia the Chris Perry earned throughout his career.

Blackwelder defended its actions by testifying that it was protecting the home from squatters and from being further damaged.

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, we associate with a qualified attorney in your state

Source: The Winston-Salem Journal
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Michigan Couple Sues for Illegal Lock-Out by Deutsche Bank
Apr 25, 2010
Gowen, Michigan - Phillips & Garcia and Attorney Joseph deMello are filing a federal lawsuit on behalf of a Michigan couple who bought a bank-owned home directly from Deutsche Bank. Within 6 months, the bank's trash-out company, Field Asset Services, then allegedly locked them out of their home and seized their property without notice to the couple.

"We just went up there one day and there was a note on the door from this company -- a trash-out company," the home owner, Rick Rought said. "The doors were broken into." The defendants not only changed the locks on the home, but stole some possessions, the Roughts said. All kinds of things were taken -- from a dining room set to the American flag mounted outside the home.

"We looked and the curtains were gone, then we started to panic and when we went in, there was virtually nothing left," Sherry Rought said. "Everything was swept out and gone."

The story is being reported by Wood TV 8 - Grand Rapids

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, we associate with a qualified attorney in your state.
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CA Tax Breaks For Homeowners Who Have Experienced Foreclosure
Apr 09, 2010
April 9, 2010 - California - While many programs aim to prevent foreclosure, a new measure in California aims to help homeowners who have experienced foreclosure, including those who were victims of wrongful bank foreclosure or illegal foreclosure.

According to The Los Angeles Times, the state legislature on Thursday approved a bill that would forgive state taxes on foreclosed homes or short sales. About 34,000 people will be affected by this bill, which may allow financially-strapped homeowners to begin piecing their lives back together after a foreclosure. Without it, many Californians would likely be stuck owing $1,000s on property they no longer own or occupy.

Gov. Arnold Schwarzenegger has already claimed that he would sign the measure in order to provide much-needed relief to thousands of California homeowners. Residents of the state can use this tax break for this year's filing season, though they were already allowed to do so on their federal return. California will lose about $34 million in revenue over the course of 3 years because of this measure.

While it's exciting to know that relief is being provided for some California homeowners, the threat of wrongful bank foreclosure-wherein a bank or lender uses illegal methods to wrongfully seize a property that is not technically in foreclosure-remains a threat in California and the rest of the country.

The Massachusetts wrongful foreclosure attorneys at Phillips & Garcia will fight for your rights in your foreclosure case. We are committed to protecting your best interests and your family's home and helping you collect the damages you need and deserve to move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

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CA Bill Could Help Homeowners Fight Wrongful Bank Foreclosure
Apr 09, 2010
April 9, 2010 - California - Two proposed bills may help homeowners in California to fight back against the threat of losing their homes in wrongful bank foreclosure.

According to San Jose Mercury News, a bill was recently advanced by the California Senate Banking, Finance and Insurance Committee that would aim to prevent banks from being able to unexpectedly foreclose on homeowners.

One provision in the bill, known as SB 1275, would require all lenders in the state to finish the loan modification process with each borrower before resorting to initiating the foreclosure process.

Many homeowners whose property is upside-down assume they are doing the right thing by attempting to get their loan modified by their lenders. Meanwhile, some banks will allow homeowners to believe that the loan modification has been set into motion, when in actuality, the bank has begun the process of a wrongful foreclosure. The proposed bill may prevent banks and lenders from being able to do this to unsuspecting homeowners.

The second provision would offer some recourse for those whose homes are foreclosed upon in error. There have been numerous cases of lenders foreclosing on the wrong property, yet they are seldom held accountable for these mistakes. The proposed bill will offer more power to homeowners who have been the victim of wrongful bank foreclosure.

The Massachusetts wrongful foreclosure attorneys at Phillips & Garcia will fight for your rights in your foreclosure case. We are committed to protecting your best interests and your family's home and helping you collect the damages you need and deserve to move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

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Couple Sues Chase for Wrongful Bank Foreclosure
Apr 07, 2010
April 7, 2010 - Washington, D.C. - Following in the footsteps of lenders like Bank of America, JPMorgan Chase is now being sued for wrongful bank foreclosure.

The Huffington Post reports that a California couple contacted Chase in December 2008 to let the lender know they were having trouble paying their loan. A representative reportedly told the homeowners to stop paying on their mortgage for at least 3 months, since the loan needed to be in default before they could qualify for a loan modification.

Three weeks after that conversation, the couple received a letter in the mail informing them of the pending foreclosure. When contacted again, Chase asked the couple to send paperwork over several months, leading the homeowners to believe they were working with the couple to resolve the issue. Meanwhile, people were knocking on the couple's door, asking about the house, which was being auctioned off unbeknownst to the homeowners.

The couple finally sought legal help in order to protect their home and property. They have filed a lawsuit, seeking $150,000 for fraud, breach of contract, violation of the Fair Credit Reporting Act, and predatory lending practices.

The plaintiffs are still unsure if the bank actually did foreclose on the property, as it is the lender's word against public records. The latter shows that the bank already foreclosed, but Chase officials maintain that they were working with the couple to prevent foreclosure.

If you have experienced anything like what happened to this couple, you may have the grounds for a bank foreclosure lawsuit. The Massachusetts wrongful foreclosure attorneys at Phillips & Garcia will fight for your rights in your foreclosure case. We are committed to protecting your best interests and your family's home and helping you collect the damages you need and deserve to move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.
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Subprime Loans Aren’t the Only Cause for Home Foreclosure
Apr 07, 2010
April 7, 2010 - Florida - One of the hardest-hit states for foreclosures has been Florida. Homeowners in the Sunshine State have dealt with a range of problems, from predatory lending practices to rising unemployment, both of which led to a rise in foreclosures across the board.

According to The Miami Herald, most struggling homeowners in Florida are the victims of more than one bad circumstance. While it's easy to assume that those considering foreclosure are simply locked into a subprime loan, in fact, many homeowners have lost a job and now have to contend with other issues, ranging from major illness to divorce. Recent reports show the unemployment rate and number of foreclosures have both risen steadily since 2007.

New statistics shed some light on the types of homeowners that have recently foreclosed in Florida. One quarter of them are college graduates, while almost 1/3 of the rest of homeowners have some college education. Almost 75% have children, and all but 8% are married.

The statistics did not specify whether the people experiencing foreclosure had done so because of organic reasons (job loss, buying more house than they can afford, etc.) or because of deceitful or illegal loan practices.

If you live in Florida, or anywhere in the United States, and you believe that your bank or lender has taken advantage of you, you may have the grounds for a bank foreclosure lawsuit. The Massachusetts wrongful foreclosure attorneys at Phillips & Garcia will fight for your rights in your foreclosure case. We are committed to protecting your best interests and your family's home and helping you collect the damages you need and deserve to move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.
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HAFA Program Seeks to Prevent Foreclosure
Apr 06, 2010
April 6, 2010 - San Diego, Calif. - The federal government has launched yet another program designed to prevent home foreclosures.

PRWeb reports Home Affordable Foreclosure Alternatives (HAFA) promotes short sales in lieu of home foreclosures, which may spare struggling homeowners from incurring the black mark on their credit report that is left by a foreclosure.

HAFA purportedly will offer lenders an incentive of $1,000 per short sale, and homeowners would get $1,500 for relocation purposes. Like any other foreclosure prevention program, there are some guidelines that every homeowner must meet.

The underwater property must be the primary residence, not an investment home. Additionally, the mortgage must have been initiated before 2009, the monthly payment must be at or greater than 31% of the homeowner's income, and the principal amount that is unpaid on it must not exceed $729,750. The home also has to either already be in default, or likely to be in default, such as when the homeowner is unemployed with no foreseeable income.

The program ends at the close of 2012, and any homeowner wishing to take advantage of it should find a realtor who has experience in short sales.

If your lender promised to work with you through one of the government sponsored foreclosure prevention programs, but then reneged on the deal and proceeded to file a wrongful foreclosure, you may need the help of an attorney. The Massachusetts wrongful foreclosure attorneys at Phillips & Garcia will fight for your rights in your foreclosure case. We are committed to protecting your best interests and your family's home and helping you collect the damages you need and deserve to move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.
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Program Seeks to Reduce Foreclosures by Promoting Short Sales
Apr 05, 2010
April 5, 2010 - Washington, D.C. - Many struggling homeowners who want to avoid foreclosure are denied the opportunity for a short sale, another option available to those who cannot get a loan modification. Unfortunately, many banks and lenders have not historically cooperated with that option because it affects their bottom line.

According to The Washington Post, a new White House program will encourage lenders to offer a short sale to struggling borrowers, which may help bring down the foreclosure rate.

This program is an alternative to other federal foreclosure prevention plans which attempt to persuade banks to offer loan modifications. Many lenders and banks have chosen to not cooperate with those programs, leaving homeowners in the lurch or subjecting them to wrongful foreclosure.

For homeowners who can't get a loan modification, a short sale is often the next best option, as it doesn't lower someone's credit score as much as a foreclosure. Some lenders are hesitant to allow short sales as they lose money on the deal because they are required to accept a smaller amount than the original loan.

The new foreclosure prevention program rewards lenders for allowing short sales, which will ideally encourage lenders to be more open to the practice.

If your bank is refusing to cooperate with you on any of the federal foreclosure prevention programs, or they have sent you a foreclosure notice despite your being current with mortgage payments, you may need the help of an attorney.

The Massachusetts wrongful foreclosure attorneys at Phillips & Garcia will fight for your rights in your foreclosure case. We are committed to protecting your best interests and your family's home and helping you collect the damages you need and deserve to move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.
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Colorado Program May Indirectly Prevent Foreclosure
Apr 02, 2010
April 2, 2010 - Colorado - Creative programs are popping up around the country in response to the national foreclosure crisis. While some of these programs aren't specifically intended to help victims of foreclosure, they may provide some relief to struggling homeowners that are concerned about the effect that foreclosure has had on their property value.

According to TheDenverChannel.com, a new program in Aurora, Colorado, called the Neighborhood Stabilization Program, was created to prevent the issue of foreclosed homes bringing down the value of surrounding homes, a trend that has contributed to the overall housing crisis.

Program administrators find the lowest-priced foreclosed homes in an area, purchase them, fix them up, and then flip them, selling them for a nice profit in most cases. Any money made from the sales goes back into the program so that more homes can be purchased. So far, about 26 homes have been bought and flipped.

The low value of foreclosed homes often brings down surrounding home values, so even a few empty houses on a street can make it nearly impossible for neighbors to sell their home for the maximum value. Thus, homeowners who need to sell, either because of a job transfer or simply not being able to afford the home anymore, may indirectly avoid foreclosure because of the program.

If you've been on the receiving end of a foreclosure notice, even though you've never missed a housing payment, you may be the victim of a wrongful foreclosure. The Massachusetts wrongful foreclosure attorneys at Phillips & Garcia will fight for your rights in your foreclosure case. We are committed to protecting your best interests and your family's home and helping you collect the damages you need and deserve to move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.
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Foreclosure Rates Dropping In Some Parts of the Country
Apr 02, 2010
April 2, 2010 - Tennessee - With thousands of struggling homeowners across the country attempting to avoid foreclosure, some industry and government officials have forecasted good news on the horizon. And some parts of the country are already experiencing a slight decline in the number of foreclosures reported.

For example, according to News Channel 9, in Tennessee's Hamilton County, nearly 30 fewer homes have been foreclosed this spring as compared to the spring of 2009. Hopefully, this localized trend is something that will be observed in more areas of the country as homeowners work with federal loan modification and foreclosure prevention programs.

Sadly, these foreclosure prevention programs aren't an option for every homeowner. Though plenty of homeowners have sought help to work with their lenders, the fact remains that not every bank or lending organization is willing to participate in such programs. Additionally, there are plenty of cases wherein banks will agree to work with homeowners to help prevent foreclosure, only to renege on their promises.

If you have been treated unfairly by a deceptive bank or lender and are finding yourself in a wrongful foreclosure situation, you may be entitled to taking legal action against the offending parties.

The Massachusetts wrongful foreclosure attorneys at Phillips & Garcia will fight for your rights in your foreclosure case. We are committed to protecting your best interests and your family's home and helping you collect the damages you need and deserve to move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.
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