Barry Fagan – Law Offices of Barry S Fagan


Malibu, CA, United States

  • 310-717-1790

Mortgage Monitor finds “sloppy” mortgage practices at Ocwen Financial

In the latest round of scrutiny for Ocwen Financial Corp., an independent monitor says he’s investigating allegations that the mortgage servicer failed to ensure an unbiased effort to comply with a 2012 settlement. “In May,…more
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Dennis E. Thompson and Pamela A. Thompson vs. Wells Fargo Bank

Wisconsin BKR Judge Orders Wells Fargo Bank to Disgorge Payments It Received

On January 12, 2006, the Court confirmed the Debtors’ Chapter 13 plan. Under the plan, the Debtors proposed to make direct current mortgage payments and cure their pre-petition mortgage arrearage via payments to the trustee. On…more
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Distressed Assests Solutions Fund I LLC vs. Samuel Adamson et al.

Utah Judge Reverses Foreclosure Sale — It Never Happened as the Foreclosure Sale was Void Ab Initio.

This case shows how Recontrust --- an entity created and controlled by Bank of America --- goes down in flames AFTER the sale of the property. The Judge found that Reconstrust was not a proper "substitute trustee" and in my…more
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Hugh Gerald Buffington, et al., v. U.S. Bank NA, et al.,

Federal Judge Sustains 8 Count Complaint Against US Bank, OneWest, Ocwen

In a carefully worded opinion a Federal Trial judge has analyzed the entire context of the loans, the documents and the money trail and concluded that the borrower has stated a cause of action for money damages and equitable…more
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New York Department of Financial Services Says Ocwen Intentionally Backdated Thousands of Foreclosure Letters

Ocwen Financial Corp has harmed hundreds of thousands of borrowers by sending backdated letters about loan modifications and foreclosures, New York state’s financial regulator said, sparking a sell off in shares of the mortgage…more
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New Santa Monica-Malibu Unified School District Tests Show Severe Health Risk By Alarming PCB Concentrations Found in their Classrooms

Malibu — New testing in Malibu school facilities shows a significant exposure risk from the most virulent form of polychlorinated biphenyls (PCBs) in concentrations millions of times above health standards, according to…more
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ANASTACIA S. LACOMBE and MAX P. LACOMBE v. DEUTSCHE BANK NATIONAL TRUST COMPANY

Fla 1st DCA Order Re: Homeowner Prevails as Deutsche Bank Crashes and Burns with No Opportunity for a Retrial

In this case the Appellate Court didn't just say Deutsche Bank loses. They decline to allow the case to be retried. Finally, Deutsche Bank’s Exhibit 5 was submitted as a "payment history" for the debt at issue. The…more
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WENDY GRAVE and JOSEPH GRAVE vs. WELLS FARGO BANK, N.A.,

Wells Fargo's Motion to Dismiss Plaintiff's Complaint for Fraudulent Misrepresentation is Denied

Judge Dimitroleas, Federal Judge in the Southern District of Florida, ruled that the Homeowner has rights of action for money damages against dubious claims from "holders", "servicers" and even "trustees." Wells Fargo's motion…more
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Rick Slorp v. Lerner, Sampson & Rothfuss, et al

6th Circuit Court Order Re: Homeowner DOES have Standing to Challenge Title and Therefore Challenge Validity of Transactions that Purport to Transfer the Debt, Note or Mortgage

This decision reflects the changing judicial climate in which the courts are taking a closer look at these transactions. They don't like what they are seeing and in this case, the appellate court practically recommended a RICO…more
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BRYAN L. GOOD vs. WELLS FARGO BANK, NA.,

Court Order Re: Wells Fargo Bank Did Not Establish That it Was Entitled To Enforce The Note.

This case is important because the Court is no longer making presumptions that all elements of "holder with rights to enforce." are present. The following are excerpts from the case decision: According to the UCC, a…more
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United States of America Consumer Financial Protection Bureau's Administrative Proceeding RE: Consent Order FLAGSTAR BANK, F.S.B.

The Consumer Financial Protection Bureau (Bureau) has reviewed the default servicing practices of Flagstar Bank, F.S.B. (Respondent) and has identified the following law violations. First, Respondent has committed unfair…more
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Los Angeles Environmental Crimes Section is Called Upon to Review California State Laws Concerning Child Endangerment & Failure to Disclose Dangerous Conditions Re: New PCB findings in Malibu Schools

New independent lab testing shows even more classrooms in Malibu public schools with toxic contamination thousands of times greater than permitted under federal law, according to test results released today by Malibu Unites and…more
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TOWN OF WESTPORT and WESTPORT COMMUNITY SCHOOLS, VS. MONSANTO COMPANY, SOLUTIA INC., and PHARMACIA CORPORATION,

Plaintiff's Memorandum of Law in Opposition to Defendant Monsanto's Motion to Dismiss the Complaint for Exposure to Toxic PCBs

PCBs are man-made organic chemical compounds that were used in hundreds of industrial and commercial applications in the United States. Among other uses, PCBs were incorporated into building products including electrical…more
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TOWN OF WESTPORT and WESTPORT COMMUNITY SCHOOLS, VS. MONSANTO COMPANY, SOLUTIA INC., and PHARMACIA CORPORATION,

Complaint against Monsanto Re: Exposure to Toxic Chemical Compounds known as Polychlorinated Biphenyls (“PCBs”)

Complaint against Monsanto Re: Exposure to Toxic Chemical Compounds known as Polychlorinated Biphenyls (“PCBs”) Students and teachers are subjected to illegally high levels of dangerous chemical contaminants in our public…more
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Foreclosure Starts and 90 Day Defaults Rise Again

Foreclosure starts rose in July for the third month in a row, as the 90,690 homes foreclosed on in July was 2.7% higher than the 88,314 foreclosures started in June and 15.1% over the 78,796 foreclosures started in April. In…more
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Areas of Practice
  • Appellate Practice
  • Civil Rights
  • Education
  • Environmental Law
  • Litigation
  • Real Estate
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