Archive for September, 2013

Dallas Foreclosure Defense Attorney stopped another lock-out by obtaining a Temporary Restraining Order in Tarrant County against Wells Fargo and Fannie Mae

The homeowner in Tarrant County, approached Dallas/ Fort Worth foreclosure defense attorney Meenu Seth, 20 hours before the lock-out was scheduled. Attorney Meenu Seth, partner at Duke Seth, PLLC, reviewed all the mortgage related documents, drafted a lawsuit, filed it with the court and obtained the Temporary Restraining Order (TRO) within the next four hours after the very first meeting with homeowner. In the lawsuit, attorney Seth challenged the authority of Wells Fargo to foreclose on homeowner and Fannie Mae’s right to possession. Ms. Seth argued that it was a wrongful foreclosure. If the foreclosure conducted by Wells Fargo is void, then Fannie Mae does not get the right of possession just by virtue of filing substitute trustee’s deed with the County Clerk. The Court, after listening to the arguments and reviewing the documents, granted the TRO. The TRO stopped Wells Fargo and Fannie Mae from evicting the homeowner from his property.

The homeowner is still in possession of his property and Ms. Seth has been approached by the attorneys for Wells Fargo and Fannie Mae to settle the case. The settlement discussions are on going.

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Texas Foreclosure Attorney stopped two foreclosures scheduled for August, 2013, by obtaining Temporary Restraining Orders (TRO)

Dallas based foreclosure defense attorney, Meenu Seth, stopped two foreclosure sales scheduled for the month of August, 2013. Ms. X contacted attorney Meenu Seth at Duke Seth, PLLC to stop the threatened foreclosure of her house situated in Collin County. Ms. X received the notice of sale from the JP Morgan Chase Bank stating that her property will be foreclosed on August 6, 2013. Ms. Seth filed a lawsuit in Collin County District Court challenging the authority of JP Morgan Chase to conduct the foreclosure as JP Morgan Chase is not the lender pursuant to the mortgage documents. Court, after carefully listening to Ms. Seth arguments granted the temporary restraining order (TRO) to stop the foreclosure sale.

Mr. & Mrs. G are residents of Tarrant County. They received the notice of sale from Recontrust, servicer for Bank of America. They approached Dallas/Fort Worth based foreclosure defense attorney, Meenu Seth. Ms. Seth filed a lawsuit in Tarrant County District Court raising issues as to the right of Bank of America to foreclose on Mr. & Mrs. G’s property. Ms. Seth very artfully explained her concerns regarding the authority and title of Bank of America to foreclose. Court decided in favor of homeowner and granted the temporary restraining order (TRO) and the foreclosure was stopped.

Ms. Seth also stopped two more foreclosures in Dallas County by just making phone calls to the Lender’s attorneys and discussing other work out options. Not to mention, our clients are very thrilled, so are we.

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Chase Continues to Botch Modification Applications

One of the benefits of working in foreclosure defense is that I get to have enough dealings with banks to spot patterns and trends. It also gives me enough dealings to be able to identify with most people’s anecdotes about their problems with their lender or servicer. While frustrating, I’ve gotten used to delays and the fumbling of paperwork on the banks’ end, and my firm and I work through it. But every once in a while, something happens that causes even my jaw to drop.

On this particular instance, the offender was Chase. We are working on behalf of our client to obtain a loan modification and have send application materials to Chase–3 times. We are always very careful to document the submission of materials, and we had fax confirmations for each of the three submissions. When we called to follow up on the status of the modification, we were informed that Chase did not have the application materials. Which we had sent (and confirmed) several weeks ago. So, Chase informed us, the file was going to be closed because of a lack of documentation.

Um, no. That’s not going to happen.

After “politely informing” Chase of the error of their ways, they magically found our client’s modification application in their system. Now, we know better than to take them at their word when it comes to dealing with mortgages (and this isn’t unique to Chase–we take this approach with all lenders). In this particular instance, our client was on the verge of an adverse decision because Chase couldn’t even recognize the materials that were in their own system. It made my heart go out to every homeowner who is trying to do this on their own. It also reminded me of the famous speak by Winston Churchill given during World War II, which is quite applicable in dealing with the big banks:

“Never give in. Never give in. Never, never, never, never—in nothing, great or small, large or petty—never give in, except to convictions of honor and good sense. Never yield to force. Never yield to the apparently overwhelming might of the enemy.”

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