Description: A client came to us facing an upcoming Trustee’s Sale of his family’s home after the bank had issued a notice of default on his property.
The client had evidence of an accepted offer to modify the terms of his mortgage, which the bank had seemingly chosen to ignore. As a result, we filed litigation against the bank for breach of contract and wrongful foreclosure, among other causes of action.
Outcome: Although the case is still pending before the Court, we were able to successfully enjoin the sale of the client’s home by obtaining a temporary restraining order (TRO) and also a preliminary injunction order, which prevents the bank from foreclosing until the matter is resolved. Both the TRO and preliminary injunction test the likelihood of prevailing on the merits of the case and are not granted unless the Court finds a strong likelihood of success. We expect a favorable outcome for our client at the end of litigation.
Description: We represented the Defendants in a case involving a family dispute over rights to title of real property. The Plaintiff sued Defendants for fraud and negligent misrepresentation after title to the property had been transferred to Defendant’s name. Plaintiff alleged that the transfer of title was based on fraudulent statements made by Defendant.