Bergman and her team have saved over 80 homes, obtained over $1,800,000 in monetary damages from lenders, as well as reduced her clients’ loan balances by over $1,800,000.
Lender Liability Litigation
When you are facing an aggressive lender or mortgage loan servicer, you need attorneys who are knowledgeable, aggressive and have a proven track record of success. There is always something that can be done, no matter what stage of foreclosure you are in. The knowledgeable and compassionate foreclosure attorneys at BAPC specialize in helping struggling homeowners. When you are faced with foreclosure, all is not lost, we will guide you through the foreclosure maze. We have helped hundreds of California homeowners defend their rights and save their homes.
BAPC specializes in litigating the following issues:
- Violation of the Homeowners’ Bill of Rights
- Foreclosing While Reviewing for a Loan Modification (Dual Tracking)
- Chain of Title Issues
- Void or Invalid Assignments of Deeds of Trust
- Breach of Trial Loan Modification Payment Plans
- Fraud and Misrepresentation by Lender or Servicer
- Violation of California Foreclosure Statutes
- Lender’s Failure to Consider Loss Mitigation Alternatives
- Negligence in the Handling of Loan Modification Paperwork
- Accounting Issues of Mortgage Loan Payments
- Breach of Contract of the Deed of Trust or Loss Mitigation Workouts
Lender Liability Lawyers You Can Depend On
Bergman and her team have been on the cutting edge of lender liability suits, creating precedent-setting case law and court orders throughout California which have helped thousands of other homeowners assert successful legal claims related to deceptive lending and foreclosure practices. BAPC’s expertise and aggressive litigation strategies have resulted in:
- Principal Reductions
- Loan Modifications
- Deferred Payments
- Credit Deletions
- Corrected Accounting Statements and Payment Refunds
- Monetary Damage Awards
- Loan Assumptions
Bergman and her team provide Real Estate, Estate Planning and Disability planning services for all of California including:
Alhambra, Alameda, Anaheim, Burbank, Culver City, East Los Angeles, El Segundo, Fontana, Fullerton, Garden Grove, Glendale, Huntington Beach, Irvine, Long Beach, Los Angeles, Manhattan Beach, Ontario, Oxnard, Pasadena, Redondo Beach, San Bernardino, Santa Clarita, Santa Monica, Thousand Oaks, Torrance, Ventura, West Los Angeles.
Have you received a notice of default? A Notice of Trustee Sale? Has your bank offered you a settlement, but you are unsure of what to do? You need someone on your side talking to the bank who is completely committed to getting results that benefit you.
Some important current foreclosure defense cases that are winning points for homeowners include:
- Glaski v. Bank of America
- Gomes v. Bank of America
- Jolley v. JPMorgan Chase
- Alvarez v. BAC Home Loans Servicing, L.P.,
- Corvello v. Wells Fargo
- Bushell v. JPMorgan Chase Bank, N.A.
- Aceves v. U.S.Bank, N.A.
- Nymark v. Heart Fed. Sav. & Loan Ass’n
- West v. JPMorgan Chase
- Yvanova v. New Century Mortgage Corp.
If you are tired of being pushed around by these big banks, lenders or developers, then it is time to get serious, and hire BAPC. For a free, consultation with one of our attorneys, call or email us today and find out what your options are. Contact our office, or use our contact form under Contact US to request your free consultation.
Prior Successes by Bergman and her team:
Click the links below to download the PDF with more information.
- Court grants Amendment to add new claims and prayer for punitive damages [Ng Chung re Amend]
- Court denies defendant’s motion for summary judgment and/or summary adjudication [Ng Chung re MSJ]
- Court grants client’s Demurrer [Nazim]
- Order granting in part and denying in part Motion To Dismiss [Jeanine Rittenberg v Decision One Mortgage Company]
- Order denying defendants’ motion to strike and granting in part defendants’ motion to dismiss with leave to amend. [Ronal Vargas v USBC Bank USA]
- Overrule in part and sustain in part Defendant’s Demurrer to the First Amended Complaint [Pauline Suarez v Bank of New York Mellon]
- Defendant’s demurrer to all causes of action is overruled [Todd and Renee Brown v Bank of America ]
- Order granting in part and denying in part Motion To Dismiss [Carmen Rebecca Naranjo v JP Morgan Chase ]
- Order granting in part and denying in part Motion To Dismiss [Margaret S. Wise v Wells Fargo Bank]
- Order denying motion to dismiss [Gregory Johnson v HSBC Bank USA ]
Download the latest HBOR COLLABORATIVE CASE SUMMARIES (Jan 2018) [Case Compendium 2018.pdf]
Real Estate Transactions
BAPC real estate lawyers handle real estate transactional matters such as deeds, trust documents, lease agreements, mortgages and real estate purchase contracts to protect your interests in any real estate transaction. In addition to ensuring the required buyer/seller’s disclosures and the Truth in Lending Act disclosures are made.
Our Firm’s real estate attorneys work actively with investors, home and land owners, developers, contractors, private equity firms, investors, realtors, public agencies and lenders on multi-faceted real estate acquisitions, sales and exchanges. We will handle you, your company or your cooperatives real estate transactions from raw agricultural land property purchases, high end residential, multi-family and condominium developments to diverse commercial and industrial projects including multi-tenant shopping centers, industrial park and medical centers.
BAPC will help you conduct your due diligence to confirm the legal owner of a property, whether there is an unpaid mortgage or lien which must be settled before the title to the property can properly be transferred, whether there are easements, covenants, conditions or other restrictions on the property, and the status of any unpaid property taxes or assessments.
Land Dispute Litigation
Title and boundary disputes involve disagreements about who owns a piece of property and the amount of area the property covers. Trees often cross property lines causing a dispute between neighboring properties. BAPC can help determine who is legally responsible for the cost of altering or removing the tree and any damage caused by the tree. Other land disputes arise regarding easements. An easement is the right of another person to use your land for a specific reason. You can grant someone an easement through a document, such as a deed. Easements affecting your land that have been expressly granted are recorded in the county recorder’s office.
However, if your neighbor has been using a portion of land that is within your boundary lines for a certain period of time, he may have developed a prescriptive easement, even though you did not expressly grant him the right to your property. A prescriptive easement is not always recorded at the county recorder’s office. BAPC can help determine the best course of action to deal with an easement issue, including settlement negotiation and litigation.
Homeowners Association (HOA) Disputes
The Covenants, Conditions and Restrictions (“CC&R”) control the rights and responsibilities of the HOA versus those of the homeowner. BAPC specializes in drafting and updating CC&R and Rules and Regulations, as well as evaluating them on behalf of Boards and homeowners. BAPC can evaluate your CC&R and Rules and Regulations to determine your rights and duties, and we can represent you in any hearing and intervene on your behalf.
BAPC attends to your real estate needs by taking a comprehensive view of the future of you and your properties purpose and potential.
Our Firm will easily assist you in all of your real estate concerns, including:
- Breach of Contract
- Commercial Real Estate
- Condominium and Cooperative Law
- Construction and Design Contracts
- CCR (Covenants, Conditions and Restrictions)
- Eminent Domain
- Lender Liability
- Homeowners Association Laws (HOA)
- Land Contracts
- Land Leases
- Land Use Development
- Leasing (Commercial and Residential)
- Legal descriptions and boundaries
- Notice of title defects
- Real Estate License Violations
- Real Estate Purchases
- Real Estate Transfers
- Residential Real Estate
- Restricted Uses
- Rights of Landowners
- Sale Contracts and Agreements
- Seller Financing
- Validity of Deeds