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Linda Calderon Garrett
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Linda Garrett’s Legal Cases

10 total

  • In Re Marriage of Hung (County of Santa Clara)

    Practice Area:
    Divorce & Separation
    Outcome:
    Negotiation Results in Client Getting 6 Years of Spousal Support on a 4 Year Marriage--with amounts grossly exceeding income during marriage and all TAX FREE!.
    Description:
    My client and I have never met in person. She called me from Florida asking me to file her divorce in California--because of the California laws relating to spousal support (Florida had no such laws) and because her husband resided in California. Husband was a doctor--who procured his legal residency and medical license from the sole financial support of my client. Like other cases, husband decided to leave my client and move to California once he finished his medical residency. In other words, once he was able to make money--lots of it. My client wanted me to negotiate a settlement that resulted in maximum support to her, with husband taking on the bulk of the community debt, e.g., the boat he totaled a year before their separation. After two years of back-and-forth negotiations, the parties settled. At the time my client contacted me, the husband was making volunteer spousal payments of $2,000/month to wife and failing all the while to disclose his actual income as a doctor. With my persistance, I negotiated a settlement resulting in my client receiving spousal support of approximately $140,000 over the course of an additional two years--TAX FREE to wife and taxable to husband. The couple had only been married 4 years! In other words, we negotiated spousal support for a total of 6 years on a 4-year marriage! And, Husband agreed to legally assume all community debt. My former client is happy because she is now divorce and has been receiving tax-free spousal support since the parties separated.
  • Re Loan Modification/Foreclosure of N.R.

    Practice Area:
    Foreclosure
    Outcome:
    3 Time Loan Modication Denial Gets Approved One Week Before Trustee's Sale Date.
    Description:
    N.R. came to me sometime in July 2009 after she had been denied two loan modifications. (The first time she submitted a loan modification by herself with no outside assistance; the second time she worked with a HUD counsel.) She was about to submit her third loan modification with the assistance of a second HUD counsel when she came to me. N.R. asked me to review her loan modification package before she and the HUD counsel submitted it to her lender. In reviewing it, I determined it was (again) insufficient (and a bit confusing). When I told N.R. she would likely be denied again by her lender, she asked me to take over her case and submit the package myself. Working closely with N.R. we completed and submitted an entirely new loan package to her lender by the end of August. To make matters worse, her lender had a scheduled Trustee's Sale date sometime in September. (Talk about pressure!). After review of my client's loan modifiction package that I submitted, the lender, for the THIRD time, denied her loan modification and proceeded to reschedule the Trustee's Sale date to December 2009. I did not give up, I promtply worked with the lender to fix the problem. With persistence and quick action, we were able to get the lender to approve her loan modification--ONE week before the scheduled Trustee's sale date! Her interest only payment of approx. $3,200/month was reduced to $1,452/month to include principal, interest, taxes and insurance!
  • Jones v. American Express

    Practice Area:
    Debt Settlement
    Date:
    Jun 15, 2009
    Outcome:
    Settlement of 15 cents on dollar and no bankruptcy!
    Description:
    Client wanted to file bankruptcy because she owed $45,000 to American Express. Attorney had only one debt--with AMEX. She thought bankruptcy was her only because AMEX refused to discount (settle) the bill for more than 20%. She came to me for help.
  • Rualo vs. Wachovia Bank--Loan Mod/Trustee's Sale Pending

    Practice Area:
    Foreclosure
    Date:
    Jan 03, 2011
    Outcome:
    Helped borrowers receive loan mod after 4 previous denials.
    Description:
    Facing impending sale of their home, two elderly homeowners came to me to assist them with challenging Wachovia who had denied them 3 times on their request for a loan modification. Before coming to me, this couple had received assistance from HUD counselors and attempted a loan mod on their own. I assisted them with resubmitting their loan package and procuring a great loan modification of $1843/month to include principal, interest, taxes and insurance. I, too, received a denial from Wachovia (the 4th deniall); however, I fought back until I procured the loan mod for my clients.
  • Hiyagon v. Chase,Capital 1, BofA, et al.

    Practice Area:
    Debt Collection
    Date:
    Jun 15, 2010
    Outcome:
    Creditors forgive $83,000 of credit-card debt with no bankruptcy!
    Description:
    Client came to me to file his bankruptcy petition. Based on facts of his case, he was judgment-proof. Completely! I proved client was completely judgment proof and all 13 of his creditors marked case as "hardship" and ceased all collectiion efforts and closed their respective files!
  • Tommie v. Citi, Discover, AMEX, BofA, Chase

    Practice Area:
    Debt Collection
    Outcome:
    Banks forgive $76,000 of credit-card debt!
    Description:
    Disabled client on social security benefits came to me asking for Ch7 bankruptcy. Was able to prove to all creditors to designate case as hardship and cease all collection efforts and close file. No judgments. No further collections by creditors.
  • O'Dell v. Citi, Chase and Advanta

    Practice Area:
    Debt Collection
    Outcome:
    Banks forgive $22,000 of credit-card debt!
    Description:
    Unemployed senior with only social security benefits came to me asking for Ch-7 bankruptcy. Was able to prove that client was completely judgment proof. All creditors agreed and marked her case as a hardship and thereafter ceased all collections and closed their file.
  • Marino v. Chase

    Practice Area:
    Debt Collection
    Date:
    Feb 02, 2011
    Outcome:
    Bank levy terminated by Judge after we challenged the creditor's bank levy attempt!
    Description:
    Client (a business owner) came to me to consider filing bankruptcy due to creditor attempting to levy her bank accounts. I worked with her to file a timely Claim of Exemption. Chase then filed an objection and challenged her claim of Exemption. We worked together to prepare her for her hearing. Judge ruled in favor my client and canceled the bank levy order.
  • Lussier v. Bank of America and Chase Bank

    Practice Area:
    Foreclosure
    Date:
    Jun 15, 2010
    Outcome:
    Client prevented from making $170,000 mistake!
    Description:
    Client sought my counsel in connection with the short-sale of her Big Sur home. After speaking with me, she realized that, in her case, a short-sale would have been a financial disaster because lender #2 confirmed with her (after I instructed her to call lender #2) that lender #2 intended to sue her for the deficiency after the short sale. (She had decided to short-sale (versus foreclose) because she ASSUMED lender #2 would not sue her for the difference owed. In speaking with me, she learned her assumption was wrong. I then coached her on how to protect herself in the future.
  • In Re Marriage Lawrence

    Practice Area:
    Family
    Date:
    Sep 07, 2012
    Outcome:
    Court denied ex wife's request for arrears, future support and attorney's fees.
    Description:
    Parties divorced over 4.5 years. I represented the husband. Ex wife attempted to seek modification of the January 2006 support order. Ex wife determined to seek arrears dating back to 2006 in excess of $85,000, attorney's fees in excess of $35,000 and future support for an indeterminate amount of time. Case went to trial.