Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
William A. Roper, Jr.
The Court of Appeals for the Second Appellate District in California set aside a decision of the Superior Court for Los Angeles County in a suit brought by a borrower claiming under promissory estoppel.  The case is Aceves v. United States Bank, N.A. and concerns allegations that the borrower acquiesced to the purported mortgage investor's motion for relief of stay from bankruptcy based upon representations that the mortgage servicer would work with the borrower to effect a modification.

The mortgage investor seems to have instead proceeded with non-judicial foreclosure with due speed, simply ignoring its prior offer of workout and modification once it had the matter released from the civil stay.

The full case citation is:
Aceves v. United States Bank, N.A., B220922, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2011 Cal. App. LEXIS 95, January 27, 2011, Filed.
http://www.courtinfo.ca.gov/opinions/documents/B220922.PDF

It is worth a look, if only for the insight into promissory estoppel.

Quote 0 0
Write a reply...