Why you need an experienced and aggressive lawyer for your foreclosure lawsuit.
Fry Law Corporation is proud to announce a huge victory in a foreclosure defense lawsuit against Wells Fargo Bank, N.A. The win is a great reminder of why you need an experienced and aggressive attorney when suing the banks.
The lawsuit was filed because Wells Fargo Bank was reviewing our clients’ mortgage for a loan modification. The dual-tracking was so bad that our clients were providing requested documents up until the day before the sale.
Fry Law Corporation filed and immediately set a hearing for a restraining order barring the sale pursuant to Civil Code 2923.6 (“Homeowner Bill of Rights”).
After presenting evidence, the Superior Court Judge granted the restraining order and set the case for a hearing to determine whether the sale should be enjoined for the duration of the lawsuit.
At that hearing, Wells Fargo offered virtually no valid argument as to why it was not violating the statute.
Nevertheless, the Judge, as many do, sided with the bank and even asked Attorney Chris Fry, “so how long have they been in the home without paying a mortgage?” Mr. Fry’s response was, “in the eyes of the law that does not matter your honor.” The Judge then denied the injunction and Wells Fargo was free to foreclose with a sale date just 2 weeks away.
Not satisfied with this outcome, Fry Law Corporation worked on the appeal for nearly an entire week and filed it just days before the sale.
When a Superior Court judge makes a ruling that is incorrect, the Court of Appeals will sometimes review the ruling to determine if there was error. The Court of Appeals is a panel of 3 judges and they are a separate and distinct court to ensure fairness.
In this case, since the sale date was so close, Fry Law Corporation had to file what is known as a writ. In fact, given the timeframes, 2 writs were required. The first writ was asking the Appeals Court to review the denial of the injunction. The second writ was asking the Appeals Court for an order barring the foreclosure sale until the Appellate Court made a decision.
Appellate Writs are notoriously difficult. They are considered “extraordinary” relief and the Appeals Court is not required to look at them, let alone grant them. The legal community has estimated that less than 10% of writs are granted.
Fry Law Corporation took a chance and is proud to announce that both writs were granted and the sale stopped until the Appeals Court can make a determination. We expect a ruling before the end of the year!
Less than 5% of attorneys have appellate experience. Less than 1% have experience with writs.
Fry Law Corporation is in the top 1% of California attorneys and fights hard for our Clients.