Fry Law Corporation offers a range of services to individuals and families dealing with foreclosure situations. In fact, a majority of the firm’s active cases are cases involving wrongful foreclosure.
Dealing with foreclosure is brutal. It can make life very difficult for those who are facing homelessness. Let our attorneys at Fry Law Corporation help guide you through the laws and advise you on your rights.
From 2007 to 2011, there were over 900,000 completed foreclosures in the United States. 38 of the top 100 zip codes were in California. Though the numbers have declined, foreclosures are still an increasing problem. In 2014 foreclosures in California were at an 8 year low with a still staggering 108,000 foreclosures.
Why Go With Fry Law Corporation?
Unfortunately, there are a lot of attorneys holding themselves out to be homeowner advocates. Sadly, Fry Law Corporation has adopted many cases from these so-called advocates only to see that the homeowners were promised one thing and delivered another. Sometimes, their cases are irreparable.
At Fry Law Corporation, we actually care about our clients. Our clients always come first.
Our passion for helping homeowners will be demonstrated in our first contact. We will give you a thorough review and advise you of your potential rights. If you have none, we will tell you and though we will not earn a fee, we will still provide you with other alternatives.
With other attorneys and non-attorney operations our most important piece of advice is the classic saying: “If it sounds too good to be true, it probably is.”
We understand that the situation is tough but be sure to vet any and all people or companies claiming to be able to help. Unfortunately, most of them can’t.
Wrongful Foreclosure
Until 2007, the big banks could do no wrong. However, when the market began to crash and the government investigations started, it was quickly discovered that the banks were a huge part of the problem.
In 2012, SB900 was introduced and signed into law. SB900 took effect on January 1, 2013 and was touted as the Homeowner Bill of Rights (“HBOR”). The two most important provisions of the HBOR restrict “dual tracking” (Civil Code 2923.6) and require “single points of contact.” (2923.7) Dual tracking occurs when a bank forecloses on a homeowner while the loan is being reviewed for a modification. A single point of contact has been defined as a person or group of people in which a borrower can immediately contact and receive information about their modification. These provisions only scratch the surface.
Sadly, not even black letter law can put a leash on the Nation’s out-of-control mortgage industry.
While the HBOR provided a false sense of security to homeowners, the truth is that the mortgage industry continues to erroneously rely on pre-HBOR case law and simply does not care about California law. Homeowners are still being foreclosed upon by the bank while simultaneously being reviewed for a loan modification.
If a property has yet to be sold, the HBOR allows borrowers the opportunity to file a complaint and request that the Court stop the foreclosure sale until they are properly reviewed for the loss mitigation option pending. For example, if the bank is reviewing you for a loan modification but have recorded a Notice of Default or Notice of Trustee Sale, the Court may stop the foreclosure.
Wrongful foreclosure can also be based on wrongdoing with respect to trial period plan modifications. Click trial period plan modifications for more.
If you win, you may even be able to recover your attorney’s fees.
Negligence in Foreclosure
If the property is sold or your loan modification is improperly denied. You may be able to sue for the damages caused.
In 2014, the case of Alvarez v. BAC Home Loans Servicing, L.P. was decided and held that a negligence cause of action can be sustained if a showing that the lender’s mishandling of loan modification paperwork caused a loss of the opportunity to obtain a loan modification. (See Alvarez v. BAC Home Loans Servicing, L.P. (2014) 228 Cal.App.4th 941.)
Alvarez is important on two fronts; first, it holds banks responsible for damages if they agree to review a loan modification application and still foreclose and second, it forces banks to properly review loan modifications using correct data. That means, if you are denied a loan modification and the bank used incorrect data, you may have claims for damages.
In some cases, Juries have awarded over $1,000,000.00 to borrowers in wrongful foreclosure suits.
Pricing
The facts and circumstances surrounding foreclosure cases make it nearly impossible to provide a general price quote. In most instances, cases are taken on an hourly basis with a retainer deposit payment. However, in certain circumstances, the fees may be flat rate or even contingency (no fee unless you win).
No matter what, Fry Law Corporation strives to ensure everyone has access to an attorney. As such, we offer very competitive rates and in some instances will price-beat competitors quotes.
Very rarely do clients need to go elsewhere because of the cost.
Call, click or email for a no obligation consultation so we can see what works for you.
