“Corazon Palma’s case may be the precedent set forth for many individuals dealing with the same corrupt lending practices.”
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I have a feeling that there will be much more rulings like this in the near future…
San Jose Woman Reclaims Illegally Foreclosed Property
A 75 year old San Jose resident has reclaimed her home through a court decision against Washington Mutual and Bank of America. Corazon Palma won the court decision, because her home was illegally foreclosed.
The court documents state that Palma modified her mortgage with the thrift bank in 2008. Palma wanted to reduce her current mortgage payments of $3,900. She sought a modification due to her cancer diagnosis. Months later, a neighbor told Palma that a notice of trustee sale sign was seen on her property. Palma’s property was currently rented. When the trustee sale sign was placed, the loan was being serviced by Bank of America. Bank of America took over the mortgage modification due to the bankruptcy of WaMu, Inc in September 2008. Palma called the mortgage lender and was told that the sale would be canceled and appropriate loan modification documents would be sent.
The property was sold months later, according to a broker from Coldwell Banker, at a trust sale. Court documents accuse Washington Mutual of illegal lending practices by misleading Palma from the start.
The lawsuit was filed in the Northern California Superior Court due to allegations that Palma’s home was illegally foreclosed upon. The judge ruled in favor of Corazon Palma…
Read the rest here…
Decision to come shortly…
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Why do some judges get it and others do not. We were not even in arrears when our home was illegally sold and we proved the facts of law. Where do you go next with the proof after paying $40,000 in attorney fees and judge ignored the facts of law. This was after we provided facts that our loan could be rescinded because we had to wait 4 1/2 yrs for our closing papers so we never even had a legal contract, it was unilateral. All the acts were violated plus after $150,000 in payments 0 was applied to our principal. They also forged our signature on 6 right to cancel papers and all were different. We also now had proof that amounts they claimed to have paid at closing were off by thousands. Our foreclsoure was never listed in the newspaper and we were never notified. The foreclosure deed was signed under perjury and they changed the date of the sale. A subsidiary of the bank bought it for almost 13,000 more than the principal and they are from out of state there was never a sale held at the home because nobody was aware of it. I need advice I live in MA
GEORGIA RESIDENTS: If Bank of America is trying to bully you. Sending Intent to Foreclose Letters & people to your home to check for occupancy even though you are not behind on your payments, Placing flood Insurance on you, charging you fees & they will not explain why, making your payments show late, Changing Escrow Fees, etc… Contact me I might be able to help you. sonya36767@yahoo.com
Curious as to how BofA took over the loan after WAMU seizure. I thought Chase bought and/or acquired the rights or assets of WAMU. Can someone fill me in?
One small step for man?
at least its a step in the right direction!