Tag Archives: attorney fees

TVA May 2017 Newsletter

[The courts] may truly be said to have neither force nor will, but merely judgment….” —Alexander Hamilton, Federalist no. 78 On behalf of our deserving and longsuffering client, my firm recently won reversal of a $5.1 million judgment that was given to a successor trustee on a missing promissory note. Missing, as in, the trustee had never seen it, and never even thought to look for it — though his predecessor did make off with at least $2 million in trust assets (not including later funneling cash to Liechtenstein and spending a night in jail for contempt). This resulted in Read More

Bank ordered to pay homeowners’ attorney fees for improper “dual-tracking”

Distressed homeowners subject to lender “dual-tracking” do not need to wait until the end of a lawsuit to recover attorneys’ fees if they are successful in obtaining a preliminary injunction, ruled the Third District Court of Appeal today in Monterossa v. Superior Court (Cal. Ct. App. – June 12, 2014). Under a 2012 law, banks are prohibited from dual-tracking, the tactic of processing a foreclosure while the homeowner is negotiating a loan modification. In one case, for example, a homeowner alleged she lost her home worth more than the remaining loan even while she was still negotiating with her bank. Read More