• Successful Dismissal of Judicial Foreclosure
    Bank of New York Mellon as Tr. for benefit of certificate holders of CWABS, Inc., asset-backed certificates
    Series 2007-SD1 v. Smith, 782 Fed. Appx. 638 (9th Cir. 2019) The Ninth Circuit upheld a dismissal of a judicial foreclosure, rejecting BONY’s argument that it was entitled to additional tolling of 120 days (30 days after service of notices of default ...
  • Case Pending
    Christopher Michael Marino, et ux., Petitioners v. Ocwen Loan Servicing, LLC
    Case taken as an appeal to the U.S. Supreme Court to answer the question whether under 11 U.S.C. 105(a), debtors may recover attorney’s fees incurred on appeal to remedy a discharge violation.
  • $25,000 in Homeowner Dues Discharged
    Goudelock v. Sixty-01 Association of Apartment Owners
    895 F.3d 633 (9th Cir. 2018). Litigated a case to the Ninth Circuit Court of Appeals establishing that homeowner’s dues are dishcargeable in bankruptcy in Chapter 13. This case discharged over $25,000 in homeowner’s dues and established a precedent ...
  • Motion Against Mortgage Servicer Granted
    Grande v. U.S. Bank, N.A.
    2020 WL 832307, No. C19-333-MJP (W.D. Wash. February 20, 2020) The US District Court granted the plaintiff’s motion to compel against a mortgage servicer and beneficiary in a case where over the existence of a contract for a loan modification, for ...
  • Settlement Reached Before Trial
    Gray v. ZB, N.A.
    567 B.R. 841 (Bankr. W.D. Wash. May 12, 2017). Featured in Am. Civ. Liberties Union, A Pound Of Flesh: The Criminalization Of Private Debt, https://www.aclu.org/report/pound-flesh-criminalization-private-debt, p. 54-55 (accessed May 13, 2020). ...
  • Successfully Overturned Court Order
    Hernandez v. Franklin Credit Mgmt. Corp.
    BR 18-01159-TWD, 2019 WL 3804138, at *1 (W.D. Wash. Aug. 13, 2019) Litigated a case overturning a bankruptcy court’s adversary proceeding order objecting to a proof of claim for a second mortgage on statute of limitations grounds. The client was in a ...
  • Dismissal Reversed, Claims Allowed to Proceed
    Hoffman v. Transworld Sys., Inc.
    806 F. App'x 549 (9th Cir. 2020) Plaintiffs brought an action against the debt collector that acted as successor sub-servicer for student loan trusts and the law firm that acted as a debt collector, asserting claims for violations of the federal Fair ...
  • Successful Judgment in Favor of Clients
    In re Snowden
    422 BR 737, (Bankr. Court, WD Wash. 2009) This case involved a client whose money was taken by a payday lender, Check Into Cash ("CIC"), in violation of the bankruptcy automatic stay. After repeatedly calling, writing letters to resolve the ...
  • Case Settled for $130,000
    In re Snowden
    769 F.3d 651 (9th Cir. 2014). Ninth Circuit affirmed $12,000 emotional distress and $12,000 punitive damages award for a payday loan of $550, presented in violation of the bankruptcy automatic stay. Case settled for $130,000. The results of this case ...
  • All 10 Cases Dismissed with Prejudice
    National Collegiate Student Loan Trust 2007-2 v. Brown v. Osure Brown and Tommy Brown, King County Superior Court
    19-2-09402-8 (consolidating 10 cases), (December, 27, 2019). In Washington state, the business records exception to the hearsay rule has been eroded quite a bit and there are now cases saying that defendants can incorporate predecessor in interest ...
  • Partial Summary Judgment & Mortgage Eliminated
    Smith v. Bank of New York Mellon
    C19-0538-JCC, 2020 WL 106733, at *2 (W.D. Wash. Jan. 9, 2020) Defendants are collaterally estopped from relitigating case defeated on a motion to dismiss ruling that BONY’s judicial foreclosure action was dismissed. Thus the court granted partial ...
  • Partial Discharge of Student Loan Liability
    Stafford v. Navient Solutions, Inc., et. al.
    No. 14-01458, (Bankr. WA.W.D. Nov. 5, 2015). Litigated a student loan discharge case under 11 U.S.C. §523(a)(8) regarding multiple private student loans for a couple that owed over $918,271.52 combined for a photography degree from Brooks Institute ...
  • Successful Motion for Summary Judgment
    Taylor v. PNC Bank, Nat'l Ass'n
    No. C19-1142-JCC, 2020 WL 4431465, at *1 (W.D. Wash. July 31, 2020) The Plaintiffs prevailed on their motion for summary judgment in an action to quiet title against PNC Bank on their second mortgage. The US District Court held that the statute of ...
  • Defeated Motion for Summary Judgment
    Thomas v. Flagstar Bank, N.A. and Green Tree Servicing, LLC
    2018 WL 1470836 (W.D. Wash. Mar. 26, 2018). In litigation over a mortgage dispute between Michael Thomas and his loan servicer, Green Tree Servicing LLC over the breach of a loan modification agreement arguing breach of contract, good faith and fair ...