the “mistakes” of “lenders” are neither mistakes nor are the parties seeking foreclosures “lenders” or “servicers.”
THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
In yet another case of illegal conduct in a foreclosure the high Court of Montana affirmed an award of $427,000 against Bayview who will undoubtedly get the money from CitiMortgage for whom they were fronting the foreclosure. As these cases increase in their frequency, judicial attitudes will change — specifically that the “mistakes” of “lenders” are neither mistakes nor are the parties seeking foreclosures “lenders” or “servicers.”
Some quotes from the case that are self-explanatory:
The total award includes damages and attorney’s fees awarded because Bayview Loan Servicing LLC of Coral Gables, Florida — despite losing their case — notified Robin and Kathleen Jacobson that it was adding over $50,000 of its attorney’s fees to their mortgage.
“We do not find error with the District Court’s damage award because it is reasonable compensation for the substantial injury and financial detriment suffered by the Jacobsons,” state Supreme Court Justice Michael Wheat wrote in the 5-0 ruling Wednesday.
The Jacobsons’ problems with Bayview haven’t ended, the couple’s attorney, Ray Kuntz, said Thursday. They can’t determine from county records to whom they should be making their mortgage payments and on Tuesday, Bayview sent them another default notice, Kuntz said.
Over the next several years Bayview encouraged the Jacobsons not to make mortgage payments so they could qualify for a loan modification, made false promises to them about modifying their loan and then misinformed them about their rights, court documents said.
Call now for our special on 1/2 hour consult with Neil Garfield, expert in the securitization of alleged mortgage loans. 954-495-9867 or 520-405-1688.