texas home equity
Carrington Mortgage Services Proposed Class Action
27/03/12 09:10
A California-based mortgage servicer, Carrington Mortgage Services, is alleged to have widely modified Texas home equity loans to increase principal without due formalities under Texas Constitution Art. 16 Section 50. Read More...
Wells Fargo Texas Home Equity Class Action - Amended Complaint
15/11/11 18:58
Today I filed a much-expanded amended class action on behalf of several named plaintiffs against Wells Fargo related to Texas home equity loans. The amended complaint, filed in the Western District of Texas in Hawkins et al. v. Wells Fargo Bank, cause no. 1:11-CV-877, can be downloaded HERE.
The amendment provides a clear, concise explanation of how the Texas Constitution's homestead protections apply to home equity loans. Read More...
The amendment provides a clear, concise explanation of how the Texas Constitution's homestead protections apply to home equity loans. Read More...
NEW Wells Fargo Class Action Filed Today
06/10/11 16:48
Today, I filed a second major class action against Wells Fargo relating solely to indisputably-issued home equity loan modifications that are alleged to violate the Texas Constitution in the ways discussed below. The case is Hawkins v. Wells Fargo Bank, Cause No. 1:11-cv-877LY, W.D.Tex. (Austin Div.). The complaint is available HERE.
This case is expected to differ from the Pennington v. Wells Fargo case in that I don't expect there to be a challenge over the fact that home equity loan modifications were issued. In Pennington, Wells Fargo has contended that the HAMP-type modifications were not loan modifications. The Hawkins case is expected to put that matter to rest. We believe the violations of the Texas Constitution homestead provisions to be very clear in the Hawkins case. Read More...
This case is expected to differ from the Pennington v. Wells Fargo case in that I don't expect there to be a challenge over the fact that home equity loan modifications were issued. In Pennington, Wells Fargo has contended that the HAMP-type modifications were not loan modifications. The Hawkins case is expected to put that matter to rest. We believe the violations of the Texas Constitution homestead provisions to be very clear in the Hawkins case. Read More...
Judicial Foreclosure of Illegally-Modified Home Equity Loans
03/10/11 14:18
If you have a Texas home equity loan that was illegally modified with past-due interest rolled into the principal, or a loan-to-value ratio in excess of 80% (that is, the modification to the existing home equity loan is greater than 80% of the fair market value of your house), CONTACT ME IMMEDIATELY TO DISCUSS IT. Read More...
About the Pennington v. Wells Fargo Class Action
03/10/11 14:10
My Pennington v. Wells Fargo class action in federal court in Austin, Texas, concerns MODIFICATIONS TO TEXAS HOME EQUITY LOANS that MAY VIOLATE THE TEXAS CONSTITUTION in the following ways:
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- past due interest was included in a new principal amount
- the modified loan exceeded 80% of the fair market value of the home.
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