Friday, January 21, 2011

Federal Court Temporarily Stalls F'closure; Appears Likely That Servicer Failed In 'Pre-Entry Of Default Notice' Legal Obligations To Homeowner: Judge

In San Francisco, California, Courthouse News Service reports:
  • A woman can stay in her home, for now, after a federal judge granted her a temporary restraining order preventing Wells Fargo from proceeding with a foreclosure. Keng Hee Paik said the bank had not provided her "with 'any documents whatsoever'" when she took out a $750,000 home loan.

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  • "On the current record it appears likely that - at the least - defendants did not comply with their legal obligations attending contacting plaintiff prior to entry of notice of default, and that failure must be cured before any foreclosure sale can proceed," wrote U.S. District Judge William Alsup, who found Paik would likely suffer irreparable harm if the foreclosure proceeds.

For more, see Judge Slaps Wells Fargo in Foreclosure.

For the court ruling, see Paik v. Wells Fargo Bank, N.A., et al.