KEVIN SINGH v BANK OF AMERICA

MEMORANDUM AND ORDER GRANTING Plaintiff’s Application for a Preliminary Injunction under California's Homeowners Bill of Rights (HBOR)

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California Homeowner Bill of Rights (HBOR) Blocks Bank of America's Foreclosure

A California man successfully halted a foreclosure sale on his property using the newly minted California Homeowner Bill of Rights to obtain a court injunction against foreclosing party: Bank of America.

For simply obtaining the HBOR injunction, the homeowner’s attorney is seeking $20,255 in legal fees and costs – a compensation request that is permissible under HBOR since the legislation allots borrowers reasonable attorneys fees and expenses for successfully obtaining an injunction.

This is one of the first legal disputes to show the real strength of HBOR and it’s effectiveness in stalling proceedings and increasing expenses for servicers that are accused of violating one of the provisions of HBOR.

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Published In: Civil Procedure Updates, Civil Remedies Updates, Consumer Protection Updates, Finance & Banking Updates, Residential Real Estate Updates

Reference Info:Decision | Federal, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Barry Fagan, Law Offices of Barry S Fagan | Attorney Advertising

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