I'm pleased to write that I recently won a
decision from Plymouth Superior Court allowing me to raise foreclosure defense
claims against a servicer and lender who claimed to have performed a lawful
foreclosure against my client. These claims resulted from the servicer's repeated refusal to consider my client for a loan modification, despite my
client following up with the requested paperwork requests for over nine
months. I raised claims under
Massachusetts's Consumer
Protection Law ("Chapter 93A"), promissory estoppel, and breach
of contract.
The battle is far from over. Here,
the Court has merely allowed me to proceed with litigating these claims; it
doesn't mean I have won . . . yet. However, I am pleased to get this case
off the ground. Often, one of the toughest parts of foreclosure defense
is convincing a court that you have claims worth pursuing. I can't say
whether my lawsuit will be successful, but I'm looking forward to giving
my client her day in court on these important matters.
Are you facing a foreclosure related to a
loan modification denial? Contact me right away for a consultation.
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Labels: Chapter 93A, firm news, litigation, loan modification