Tila Solutions

12/01/2011

Saxon Mortgage Lost a Class Action Lawsuit in CA

Look at their defense: "Saxon again moved to dismiss arguing that the trial plan only required Saxon to evaluate the borrower's eligibility for a modification, and did not require Saxon to offer a modification."

So if people are still thinking that the bank is helping, hopefully Saxon's statement above clearly shows that lenders a) do not give free loan mods, instead they charge the home owner (usually far more than 3 months) to be "reviewed" for eligibility, and b) they charged the Government (using your tax dollars) too.

If that doesn't show you why people come to Tila Solutions for real help, I don't know what does.


The Complete Excerpt:

Federal Court in California Denies Motion to Dismiss Loan Modification Putative Class Action, Based on Expanded Interpretation of Lenders' Obligations under Trial Modification Plans. On November 17, a federal judge in California denied a servicer's motion to dismiss a putative class action alleging that the servicer wrongly rejected the borrower's mortgage modification application and improperly initiated foreclosure proceedings. The borrower identified as named plaintiff in Gaudin v. Saxon Mortgage Services., Inc., No. 11-1663 RS (N.D. Cal. Nov. 17, 2011) contends that a trial modification plan provided to her by Saxon constituted a binding contract that required Saxon to evaluate plaintiff under the Home Affordable Modification Program (HAMP) and, if all conditions of the trial plan were satisfied, offer the borrower a permanent modification. In her original complaint, the borrower failed to aver that all conditions of the trial plan had been met, and the complaint was dismissed without prejudice. The borrower filed an amended complaint to correct the deficiency, but Saxon again moved to dismiss arguing that the trial plan only required Saxon to evaluate the borrower's eligibility for a modification, and did not require Saxon to offer a modification. In its decision on the instant motion to dismiss, the court held that the express language of the trial plan does not limit Saxon's obligation to only evaluating the borrower's eligibility. Instead, once Saxon provided the executed trial plan to the borrower, a permanent modification was contingent only on plaintiff satisfying the conditions of that plan. Finding that the borrower's amended complaint sufficiently pleads facts regarding satisfaction of the trial plan, the court denied Saxon's motion to dismiss the amended complaint. In doing so, the court also distinguished Wright v. Bank of America, N.A., 2010 WL 2889117 (N.D. Cal. Jul. 22, 2010) and other such cases in which borrowers' claims were dismissed because HAMP does not allow borrowers to assert a third-party beneficiary claim for breach of contract under HAMP. Here, the court held the borrower is not arguing that Saxon breached its obligations under HAMP, but rather is properly alleging breach of contract under the trial plan entered into between the borrower and the lender

11/23/2011

Happy Thanksgiving to All! We hope you all have wonderful days with your friends, family and loved ones! The staff of Tila Solutions will be working Wednesday and Friday.

11/17/2011

Happy Days are here again! If your lender commits a fraudulent foreclosure in Nevada, he can very possibly end up in jail! Nevada now leads the way in making it a felony offense for your lender to illegally and/or fraudulently foreclose on your property.

This exciting article explains a bit of what Nevada has done in making illegal foreclosure a crime:

http://www.housingpredictor.com/2011/illegal-foreclosures-felony.html

Nevada has become the first state in the nation to make illegally repossessing a home a felony by responding to homeowners complaints.

11/17/2011

Here's a great article in the New York Times. It is refreshing to see judges slamming bank lies regarding loan mods more often. We keep warning people not to try and deal with the bank themselves. This article at least shows that it takes the might of a judge to help a homeowner save their home.

Tila helps people get the real dirt on what their lenders have done to them, and then helps them find a competent attorney whom is affordable to help them save the house. If you know of people who are still trying to deal with their banks all by themselves. Tell them about Tila. http://www.nytimes.com/2011/11/15/nyregion/patience-grows-thin-for-banks-foreclosure-excuses.html

A New York State judge told Bank of America that its arguments for foreclosing on a New York police officer were lies.

11/14/2011

Q: What is "robo-signing?"

A: In the foreclosure industry, robo-signing is the practice of a "bank employee" signing thousands of documents and affidavits without verifying the information contained in the document or affidavit. Some reports have revealed that one bank official performed the Herculean task of signing off on almost 10,000 documents in one month. And one individual can be the vice president of many different banks all on the same day! At Chase, these robo signers were minimum wage employees, who got nick named, "The Burger King Kids". Wow from Burger King to VP of Chase Manhattan in just a few weeks!

The practice calls into question the validity of thousands of mortgage foreclosures across the country. These familair names J.P. Morgan Chase, Ally Financial/GMAC, Bank of America and Wells Fargo have all been caught robo signing. Of course almost any big lender is involved in the practice.

There are a lot of homeowners who think the big bad banks have stopped foreclosing because of robo signing, but they have not. If you are in foreclosure and have not had a securitization audit done, then you may not even know if you are another victim of wrongful foreclosure.

When you get a Securitization Audit from Tila, it will include a complete robo signing investigation. It is one of the many reasons that a Tila Securitization Audit has been identified as one of the best audits you can get.

You just wouldn't believe how many people have lost their homes due to wrongful or fraudulent foreclosures -- and they didn't have to. All they needed was help from Tila.

11/11/2011

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Tila Solutions audit company using forensic loan audits and securitization audits to stop foreclosure, get loan modifications, prepare quiet title and foreclosure defense against predatory lenders.