Banks have rights, but homeowners in trouble or default have rights too. Banks must follow strict rules for HAMP modification evaluations and foreclosures in California. Homeowners can sue to enforce rights, and defend to protect rights. Stand up and fight back. More information: 877-Win-4-You.
Tender of Debt is Not Always Required:
There is no requirement to tender the debt where the amount owed is disputed or the basis for relief is fraud. “If there is no dispute as to the default or the amount in default, in order to obtain an injunction the trustor must do equity and offer to cure the default…but if a temporary injunction is sought in an action to rescind for fraud a tender shoud not be required." 5 Baxter Dunaway, Law of Distressed real Est. (Thomson Reuters 2009) Section 64:167 (citing, e.g., Stockton v Newman (1957) 148 Cal. App.2d 558, 563).
Wrongful Foreclosures; Wrongful Modification Denials
Foreclosure-gate has revealed great wrongdoing in the foreclosure and modification process. A foreclosure deed upon sale that is “void" may entitle the borrower to damages, and return of their home. False (HAMP Modification) promises made to homeowners may entitle them to damages, and return of their home. Mortgage and foreclosure laws are complex. Homeowners have every right to legal protections from wrongful foreclosures, wrongful denial of (HAMP) modifications, fraud, emotional distress, and unfair business practices. Banks have attorneys; homeowners should too!
Homeowner Lawsuit Rights Against Banks/Servicers
Depending upon the facts and appropriate law, some of the potential causes of action assuming a wrongful foreclosure and forcible eviction did take place, may include: 1) Unfair or Deceptive Business Practices (per state law); 2) Set-Aside & Wrongful Foreclosure/Wrongful Eviction (per state law); 3) Trespass By Forcible & Unlawful Entry 4) Fraud/ Misrepresentation/ Concealment; Conspiracy-to-Defraud; 5) Breach of Oral Executed Contract; 6) Breach of Written Contracts; 7) Abuse of Process; 7) Nuisance; Waste; 8) Violation of Privacy; 9) Conversion of personal property; 10) Slander of Title; Quiet Title; 11) Violation of RESPA; 12) Violation of TILA/ HOEPA; and 13) Violation of FDCPA (and its state versions). Many of these claims for relief carry treble damages, attorney fees, injunctive relief and punitive damages. Legal liability may be material. Borrowers in bankruptcy may also file federal adversary lawsuits (AP) to enforce its rights.