Unanimous Montana High Court Affirms $426,000 Damages Against Bayview

the “mistakes” of “lenders” are neither mistakes nor are the parties seeking foreclosures “lenders” or “servicers.”



see http://helenair.com/news/state-and-regional/montana-high-court-upholds-award-over-mortgage-foreclosure/article_29fd6721-27a7-59f1-b3d3-6b5da1077d1d.html

In yet another case of illegal conduct in a foreclosure the high Court of Montana affirmed an award of $427,000 against Bayview who will undoubtedly get the money from CitiMortgage for whom they were fronting the foreclosure. As these cases increase in their frequency, judicial attitudes will change — specifically that the “mistakes” of “lenders” are neither mistakes nor are the parties seeking foreclosures “lenders” or “servicers.”

Some quotes from the case that are self-explanatory:

The total award includes damages and attorney’s fees awarded because Bayview Loan Servicing LLC of Coral Gables, Florida — despite losing their case — notified Robin and Kathleen Jacobson that it was adding over $50,000 of its attorney’s fees to their mortgage.

“We do not find error with the District Court’s damage award because it is reasonable compensation for the substantial injury and financial detriment suffered by the Jacobsons,” state Supreme Court Justice Michael Wheat wrote in the 5-0 ruling Wednesday.

The Jacobsons’ problems with Bayview haven’t ended, the couple’s attorney, Ray Kuntz, said Thursday. They can’t determine from county records to whom they should be making their mortgage payments and on Tuesday, Bayview sent them another default notice, Kuntz said.

Over the next several years Bayview encouraged the Jacobsons not to make mortgage payments so they could qualify for a loan modification, made false promises to them about modifying their loan and then misinformed them about their rights, court documents said.

Call now for our special on 1/2 hour consult with Neil Garfield, expert in the securitization of alleged mortgage loans. 954-495-9867 or 520-405-1688.

3 Responses

  1. Reblogged this on California Freelance Paralegal.

  2. I think the one who got the 1099 can probably look up the 31 U.S. Code § 3802 – False claims and statements; liability

    (1) Any person who makes, presents, or submits, or causes to be made, presented, or submitted, a claim that the person knows or has reason to know—
    (A) is false, fictitious, or fraudulent;
    (B) includes or is supported by any written statement which asserts a material fact which is false, fictitious, or fraudulent;
    (C) includes or is supported by any written statement that—
    (i) omits a material fact;
    (ii) is false, fictitious, or fraudulent as a result of such omission; and
    (iii) is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; or
    (D) is for payment for the provision of property or services which the person has not provided as claimed,
    shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such claim. Except as provided in paragraph (3) of this subsection, such person shall also be subject to an assessment, in lieu of damages sustained by the United States because of such claim, of not more than twice the amount of such claim, or the portion of such claim, which is determined under this chapter to be in violation of the preceding sentence.
    ( more at https://www.law.cornell.edu/uscode/text/31/3802 )

    Maybe they should see a lawsuit for that claim, and explain their selves.


    I am not a lawyer. I do not know legal things, so how can I give legal advice.
    I know nothing, and opinions from unknowing people are protected speech.

    Trespass Unwanted, Creator, Corporeal, Life, Free, People, State, Independent, In Jure Proprio, Jure Divino

  3. Hooray!!! The Wheels are Turning!
    Unfortunately the services are like a bad case of the crabs that keep coming back
    I will let you know the outcome of another case won by the homeowner who was awarded damages & 86,000 in legal fees and Chase sent her a 1099 so that she could pay taxes on their write off of the legal fees.

    I’d be enraged too.

    There is apparently no cure for Stupidity or Greed!

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