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Homeowner wins DUAL TRACKING issue against OCWEN

A California homeowner has won in the California Court of Appeal for the Second Appellate District, Division Five on the issue of dual tracking against Ocwen. The Court of Appeal reversed the judgment of the trial court and the really good news is that this case has now been ordered published in the California Appellate Reports as of June 19, 2015 which means that it can be cited as precedent. The big banks and mortgage servicing companies have been losing more and more often in the California Courts of Appeal.

Justice League

Valbuena v. Ocwen Loan Servicing

Court: California Court of Appeal Docket: B256378 Opinion Date: June 19, 2015
Areas of Law: Banking, Real Estate & Property Law
Plaintiffs filed suit against Ocwen after their lender’s purchase of their residence at a nonjudicial foreclosure sale, alleging that Ocwen violated Civil Code section 2923.6, the prohibition on “dual tracking” contained in the Homeowners Bill of Rights, when it conducted a foreclosure sale of plaintiffs’ property while their loan modification application was pending. The trial court sustained Ocwen’s demurrer. However, the court concluded that by alleging the submission of the loan modification application three days after receipt of the Offer Letter, and the transmittal of the additional documents requested by Ocwen on the date of request, plaintiffs have sufficiently alleged that a complete loan modification application was pending at the time Ocwen foreclosed on their home in violation of section 2923.6. Accordingly, the court…

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4 Responses

  1. This huge. Thanks for keeping us up to date on this, Stan.

    Larry Peluso Swanson & Peluso Topanga



  2. Need some input my case is pending appeal but Wells Fargo says they will sell my home on july 13 and are refusing to talk about this nov,2005,broker originated,interest only refi of my principle res of 22 years,270k in interest only so far and 4 years behind but could bring it current if only to avoid sale.Any ideas?????


    • You need to contact an attorney right away. I cannot give you legal advice. If you are located in California you can contact attorney Nathan Mubasher at 1-800-691-2721 for a free consultation. I work with him on many of his cases and he is an excellent attorney.


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