September 7, 2010

A Ventura County, California Judge granted the borrower’s Motion for a Preliminary Injunction today stopping a Trustee’s sale scheduled for this Thursday, September 9, 2010. The borrower is represented by FDN’s Jeff Barnes, Esq. and Kenneth Meyer, Esq., both of whom attended the hearing. Mr. Barnes prepared the papers which were filed with the assistance of Mr. Meyer, who argued the Motion.

The borrower’s Motion highlighted that Wells Fargo had failed to comply with California Civil Code section 2923.5 which requires a foreclosing party to take certain actions prior to instituting foreclosure proceedings. Recent appellate decisional law from California issued in June of this year provides that a borrower has a private right of action for violation of the Code provision, and that noncompliance with the provision warrants the cancellation of a Trustee’s sale until the foreclosing party complies with 2923.5.

Our thanks to Mr. Meyer, Esq. for his diligent efforts in obtaining this result.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

September 1, 2010

In connection with our move to California from Nevada last week, our old internet service provider was not quite candid with us as to their ability to service the area where the new California office is located. As such, those of you who sent e-mail inquiries to us between August 26 and now may have had your e-mail rejected, so we have had to retain technicians to tackle the e-mail problem. 

You may want to re-send your inquiry to us by fax at (949) 270-7414 until we are certain that the e-mail issues have been resolved. Please include your e-mail address on any fax inquiry.

In other news, the FDN network will shortly be adding between 5 and 10 additional attorneys in Southern California, and at least five in Illinois to assist borrowers from Chicago northwest to the Rockford area. We will also shortly be adding attorneys in Northern California as well.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com