Piccuta Law Group files Ninth Circuit Appellate Brief Against Bank Servicer for Wrongful Foreclosure
On May 26th, 2015, the Piccuta Law Group filed its opening brief in the matter of Sharp v. Nationstar. The appeal was filed in the Ninth Circuit Court of Appeals after a lower federal district court dismissed the client’s case on a technicality. The Piccuta Law Group did not handle the client’s case at the lower court level, but began representing the client after the attorneys who did were unwilling to handle the appeal.
The client’s case arose after he was wrongfully foreclosed on by his bank and mortgage servicing company. The client defaulted on his mortgage loan after experiencing financial hardships. The client then made payments of over $63,000.00 after being promised a loan modification. However, the client never received the loan modification that he was promised and the bank then wrongfully foreclosed.
A series of bankruptcies were then filed on the client’s behalf in an effort to stop his eviction and allow time to straighten out the mistakes made by the bank. However, the claim against the bank for wrongful foreclosure was not listed in the section of the bankruptcy papers that sets forth claims against other parties. When the client filed his lawsuit against the bank, the bank’s attorneys used the failure to list the claim against the bank in the bankruptcy as a reason to dismiss the case. The lower federal court agreed with the bank’s arguments.
The Piccuta Law Group filed an appeal setting forth that the lower federal court’s decision was improper because: 1) there was no higher court case with similar facts; 2) the case relied upon by the lower court was expanded too far to justify a dismissal of the client’s case; 3) the dismissal should not apply to the claims that did not request money damages; and 4) the borrower’s explanation that the failure to list the claim in the bankruptcy was a mistake was ignored. Click here to read the opening Ninth Circuit appellate brief filed by the Piccuta Law Group.
If you or a loved one has a complex legal matter or are unsatisfied with your current attorneys, contact the Piccuta Law Group today for a free consultation.
