I’m pleased to write that I recently won a decision from Plymouth Superior Court allowing me to raise foreclosure defense claims against a servicer and lender who claimed to have performed a lawful foreclosure against my client. These claims resulted from the servicer’s repeated refusal to consider my client for a loan modification, despite my client following up with the requested paperwork requests for over nine months. I raised claims under Massachusetts’s Consumer Protection Law (“Chapter 93A”), promissory estoppel, and breach of contract.
The battle is far from over. Here, the Court has merely allowed me to proceed with litigating these claims; it doesn’t mean I have won . . . yet. However, I am pleased to get this case off the ground. Often, one of the toughest parts of foreclosure defense is convincing a court that you have claims worth pursuing. I can’t say whether my lawsuit will be successful, but I’m looking forward to giving my client her day in court on these important matters.
Are you facing a foreclosure related to a loan modification denial? Contact me right away for a consultation.