Barry Fagan – Law Offices of Barry S Fagan


Malibu, CA, United States

  • 310-717-1790

Mortgage Investors Serve Notice of Non-Performance to Ocwen with $1 Billion in Alleged Damages

A group of mortgage bond investors has sent Ocwen Financial Corp. a notice of non-performance in what could be the precursor toward a future $1 Billion dollar lawsuit. A number of major investors, including BlackRock,…more
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Bank of America, Citi, JPMorgan Chase, and Wells Fargo Reach Settlement With Massachusetts AG Over Foreclosure Violations

Four national banks agreed to pay millions in penalties to resolve claims that they unlawfully foreclosed on properties in Massachusetts. Bank of America, Citi, JPMorgan Chase, and Wells Fargo were accused of violating…more
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California Department of Business Oversight Seeks to Suspend Ocwen's Mortgage License

California is seeking to suspend Ocwen Financial Corp’s license to operate in the state, saying the mortgage collection company failed to submit papers showing that it complies with laws, state regulators said. California’s…more
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Jay & Erika Neil v Wells Fargo Bank N.A.

Modification Offers Are Enforceable Contracts

In this case Wells Fargo offered a "temporary" modification, it was accepted and the trial payments were made. Wells Fargo said the modification offer and acceptance lacked consideration Wells Fargo disavowed the settlement…more
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America Unites For Kids Accuses the Santa Monica-Malibu Unified School District of Secret Cleaning Before PCB Dust and Air Testing

Malibu Unites Press Release http://malibuunites.com/wp-content/uploads/2014/12/Secret-Cleaning-Before-Dec-PCB-tests.pdf On Tuesday, December 16th, 2014, the SMMUSD ordered a “special” cleaning of the classrooms prior to…more
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New York Department of Financial Services ("DFS") Announces OCWEN Settlement Which Could Spell Doom For Other Servicers

This agreement will add to the growing list of questions from judges over rotating servicers and trustees, servicing practices, robo-signing, forgery, fabrication of documents and the refusal of the foreclosing party to simply…more
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Florida Supreme Court Amends Rules For Foreclosure

This is effective for cases filed on or after July 1, 2013. “After considering the proposed amendments and reviewing the relevant legislation, we amend the Florida Rules of Civil Procedure and forms as reflected in the…more
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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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Areas of Practice
  • Appellate Practice
  • Civil Rights
  • Education
  • Environmental Law
  • Litigation
  • Real Estate
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