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FINALLY A CALIFORNIA HOMEOWNER AWARDED $16MM BY JURY IN UNLAWFUL FORECLOSURE

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AXJ AXJ INTERNATIONAL AXJ MORTGAGE INFORMATION (Moderator: etmesi)


FINALLY A CALIFORNIA HOMEOWNER AWARDED $16MM BY JURY IN UNLAWFUL FORECLOSURE
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Topic: FINALLY A CALIFORNIA HOMEOWNER AWARDED $16MM BY

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FINALLY A CALIFORNIA
HOMEOWNER AWARDED $16MM
BY JURY IN UNLAWFUL
FORECLOSURE

Posts: 175
Gender:

on: July 20, 2014, 08:17:08 PM

I am an AXJ Webmaster.

FINALLY A CALIFORNIA
HOMEOWNER AWARDED $16MM BY
JURY IN UNLAWFUL FORECLOSURE

http://68.178.129.26/forum/index.php/topic,302.msg305.html#msg305

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FINALLY A CALIFORNIA HOMEOWNER AWARDED $16MM BY JURY IN UNLAWFUL FORECLOSURE

4/20/15 11:55 PM

It is about time the Judges of the State of California have let a case for unlawful
foreclosure slip through and get before a Jury. The gig is up in California and
around the USA for all the unlawful foreclosures carried out. This homeowner has
finally be able to break through a corrupted Administration of Justice which, until
this case, has been able to penetrate the armour of the system. Actions for Justice
( AXJ ) homeowners in California and across the country are celebrating this small
victory and waiting to recover over 60mm property Titles destroyed by MERS and
others. See: http://68.178.129.26/forum/index.php/topic,289.0.html
Date: 07-18-2014
Case Style: Phillip Linza v. PHH Mortgages Services
Case Number:
Judge:
Court: Superior Court, Yuba County, California
Plaintiff's Attorney: Andre Chernay and Jon Oldenburg
Defendant's Attorney: Edward Treder and Darlene Hernandez
Description: Phillip Linza sued PHH Mortgages Services on breach of contract and
negligence theories claiming that Defendant's refusal to accept mortgage
payments tendered by him after agreeing to modify the mortgage on his house
and then instituting a foreclosure action against him.
Outcome: Plaintiff's verdict for $16 million in cluding $514,000 in compensatory
damages and $15.7 million in punitive damages.
Plaintiff's Experts:
Defendant's Experts:
Comments: Editor's Comment: On a fairly regular basis, MoreLaw publishes a
report about a jury verdict in which an insurance company or other commercial
entity's actions are judge wanting. When the defenses asserted by the defendant
do not succeed, the outrage of the jury is manifested in the form of very
large verdict in favor of the plaintiff, e.g., Campbell v. State Farm Insurance.
Source: http://www.morelaw.com/verdicts/case.asp?n=&s=CA&d=70437
YUBA COUNTY, Calif. (KCRA) A Northern California jury awarded a homeowner
$16 million in a lawsuit claiming a mortgage service company backtracked on his
loan modification.
Watch report: Yuba Co. homeowner wins lawsuit against mortgage
company
Phill Linza ruffled through a stack of records and letters from his mortgage
servicing company that he has been collecting for the past several years.
"This is about a third of all the paperwork that I have," Linza said.
He applied for a home loan modification when he hit hard times during the
recession and was granted one by PHH Mortgage Corp.
Linza said he signed an agreement that reduced his monthly payments from about
$2,100 to $1,500.
But within a couple months, the payments ballooned to $2,300 -- which was
higher than his original mortgage payments.
http://68.178.129.26/forum/index.php/topic,302.msg305.html#msg305

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FINALLY A CALIFORNIA HOMEOWNER AWARDED $16MM BY JURY IN UNLAWFUL FORECLOSURE

4/20/15 11:55 PM

Linza said he repeatedly tried to get customer service representatives to


straighten out the payments to no avail.
"They flat out told me, when I told them I'm going to sue if they don't get this
corrected, 'Go ahead (and) stand in line. We're a multi-billion dollar company. Go
ahead and take your shot,'" Linza said.
Linza did sue, and throughout a three-year court battle, he feared he was still
going to lose his four-bedroom home in Plumas Lake.
"The belittlement that they did to me -- it was beyond comprehension," Linza
said. "People were coming to my front door, knocking on my front door, asking to
take pictures of my backyard because they understood my house was under
foreclosure."
This week, Linza got vindication. A jury not only awarded him $500,000 in
damages, the jury also returned with more than $15.5 million in punitive damages
to punish PHH.
"Homeowners are still fighting the mortgage meltdown," said attorney Jon
Oldenburg.
Oldenburg and Andre Chernay, with the United Law Center in Roseville, said the
victory could send a message to mortgage companies using similar tactics with
other homeowners.
"You know our overall mission for the last six years, led by Stephen Foondos, has
been to try to fight for the little guy," Oldenburg said.
They just need to understand is there is help out there," Chernay said. "There is
assistance out there. You dont have to be the victim."
Linza's attorneys said they are already anticipating an appeal, but believe Linza
will get to keep his home and receive compensation for what he went through.
KCRA 3 tried to contact the attorneys for PHH Mortgage Corp., but none of the
messages were returned.
Read more: http://www.kcra.com/news/jury-awards-yuba-co-homeowner-16min-mortgage-suit/27041910#ixzz382d52LRW
Last Edit: July 20, 2014, 11:13:09 PM by admin

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