Recently Settled Cases

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Disclaimer:  the results of each case depend upon the facts and circumstances of that case.  These are some examples of positive outcomes for our clients, but the facts of your case may be different.  The results of these cases do not indicate a guarantee of a result in your case, and not all cases are successful.

Bert B, et al. v. JPMorgan Chase Bank, et al.

Santa Clara County Superior Cour
Case No.: 110CV163734

The Clients are farmers and operate a dairy farm out of their home.  The Clients entered into a forbearance agreement with JPMorgan after falling behind on their mortgage payments.  The Clients were informed that JPMorgan would permanently modify their mortgage after the completion of the forbearance agreement.  After the Clients completed the forbearance agreement, JPMorgan refused to modify their home loan and proceeded with the non-judicial foreclosure on their home.

McFarlin LLP brought suit against the Clients lender, contesting the non-judicial foreclosure process and breach of the forbearance agreement.  After obtaining a temporary restraining order and preliminary injunction from the court, JPMorgan offered the Clients a loan modification which included over $500,000.00 in principal reduction.

Client Testimonial:

Lorretta B: “I had completed a forbearance agreement with Chase Bank, and I was promised a loan modification after the completion of the forbearance agreement.  Chase denied us our loan modification and was in the process of taking our farm.

McFarlin LLP helped us keep our home and obtained a court order preventing the bank from selling our home.  My lawyers were able to work out a loan modification with Chase with over $500,000.00 in principal reduction.”

 

Derrick F, et al. v. Bank of America, et al.

Los Angeles County Superior Court
Case No.: YC066731

Derrick F and Natalie B were homeowners who were struggling to make their mortgage payments as a result mounting medical bills and loss of employment.  Seeking relief, Mr. F and Mrs. B sought a loan modification from their lender.  At that time, they were informed that they needed to become delinquent in order to qualify for any loan modification, but if they did miss their payments, they would be approved for a loan modification.  After becoming delinquent, their lender refused to modify their mortgage.

Plaintiffs brought suit against their lender, contesting the non-judicial foreclosure process and false representations made by their lender.  After obtaining a temporary restraining order from the court, Bank of America offered Plaintiffs a loan modification which included over $330,000.00 in principal reduction.

Client Testimonial:

Derrick F: “I was misled by Bank of America into missing my mortgage payments and as a result, I was facing the loss of my home.  McFarlin LLP was able to stop the sale of my house and got me a loan modification and a huge principal reduction.”

 

Larry Y v. Wells Fargo, et al.

U.S. District Court Central District
Case No.: CV11-00526-VAP

Larry Y was struggling to make his mortgage payments as a result reduced hours at work and loss of overtime pay.  Seeking relief, Mr. Y sought relief from his lender.  At that time, Mr. Y was approved for a trial plan agreement that reduced his monthly payments.  Pursuant to the terms of the agreement, Mr. Y was to make his first three payments and then Wells Fargo would permanently modify Mr. Y’s mortgage payments to a similar amount under the mortgage.  Wells Fargo refused to abide by the agreement and modify Mr. Y’s mortgage as promised.

McFarlin LLP brought suit against Mr. Y’s lender, contesting the non-judicial foreclosure process and breach of the forbearance agreement.  Thereafter, Wells Fargo offered Mr. Y a loan modification.  However, Mr. Y ultimately chose to reject the offer for personal reasons, and changed his request to a short sale.  As such, McFarlin LLP secured an agreement from Wells Fargo to allow Mr. Y time in the property to complete a short sale.

Client Testimonial:

Larry Y: “I had completed a trial plan agreement with Wells Fargo, and I was promised a loan modification after the completion of the agreement.  Instead, Wells Fargo starting posting negative credit reports, claiming I didn’t make my monthly mortgage payments.  I did everything that Wells Fargo asked me to and they still denied me for a loan modification.”

“McFarlin LLP secured me a loan modification, but was not financially viable.  My home was over $200,000.00 underwater and it did not make any financial sense to keep the property.  McFarlin LLP was able to secure me the necessary time to complete a short sale for my home and allow me to make a fresh start with my life.”

 

Tommie B. v. US Bank, et al.

Los Angeles Superior Court
Case No.: GC049703

Tommie B entered into a negative adjustable rate mortgage loan (ARM) with Downey Savings & Loans.  Mr. B was not informed that the rate on his loan would adjust and faced an increase in payment from $750.00 per month to over $2,100.00 per month for his mortgage payment.  As such, Mr. B sought relief from his lender and requested that his rates not reset.  At that time, he was informed that he needed to become delinquent in order to qualify for any loan modification, but if he did miss his payments, his lender would modify his loan and set his rates back to $750.00.  After becoming delinquent on his mortgage payments, his lender refused to modify his mortgage.

Mr. B brought suit against their lender, contesting the non-judicial foreclosure process and false representations made by his lender.  After obtaining a temporary restraining order from the court, Bank of America offered Plaintiffs a loan modification which included a substantial reduction in the interest rate on the loan.

Client Testimonial:

Tommie B: “I was misled by my lender and I started missing my mortgage payments and as a result of their representations.  The bank started to foreclose on my home and I was facing the loss of my house.  McFarlin LLP was able to stop the sale of my house and got me a loan modification with mortgage payments I could afford.”

 

Beau R, et al. v. Bank of America, et al.

Orange County Superior Court
Case No.: 30-2011-00453726

Beau and Kimberly R were homeowners, who like many Americans, were struggling to make their mortgage payments as a result of a downturn in the economy.  Seeking relief, Beau and Kimberly sought a loan modification from their lender.  At that time, they were informed that they needed to become delinquent in order to qualify for any loan modification, but if they did miss their payments, they would be approved for a loan modification.  After becoming delinquent, their lender refused to modify their mortgage.

McFarlin LLP brought suit against their lender, contesting the non-judicial foreclosure process and false representations made by the lender.  After obtaining a temporary restraining order from the court, Bank of America offered Plaintiffs a loan modification which included a significant reduction in the interest rate on the loan.

Client Testimonial:

Beau R: “We tried to obtain a loan modification with Bank of America for over two years and were continually give then run around by BAC.  We were eventually misled by Bank of America into missing my mortgage payments and as a result, our family was facing the prospect of losing our home.  McFarlin LLP was able to stop the sale of my house and got me a loan modification with rates that we could afford.”

 

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