Los Angeles Trial Court Makes Ruling Putting a 69-Year-Old Nurse in Danger of Eviction after a Wrongful Foreclosure
The mortgage attorneys at Consumer Action Law Group filed a writ of mandate to overturn a trial court's ruling against an elderly nurse following mortgage fraud and wrongful foreclosure by her lender.
Mrs. Brainangkul is asking that the court declare a case of mortgage fraud to reverse the illegal foreclosure and sale of her home. Her mortgage lawyers have appeared before the court more than 13 times in the span of 6 months, battling Select Portfolio Servicing, Inc. and Volantis Global Inc. to stop her eviction.
Yelena Gurevich, managing attorney on Mrs. Brainangkul's case, said, "This should have been a simple case of dual tracking mortgage fraud and avoid foreclosure since Mrs. Brainangkul had received a permanent modification."
According to her mortgage lawyer, "She (Mrs. Brainangkul)
In California, foreclosure laws are in place to stop lenders from illegally foreclosing and selling a person's home when they are actively working to modify their loan and repay the lender in times of hardship.
On October of 2016, Mrs. Brainangkul hired Consumer Action Law Group to file a lawsuit after her home was illegally sold by Select Portfolio Servicing, Inc. Her lawyers took immediate steps to stop the purchasing investor, Volantis Global Inc., from recording the trustee's deed upon sale on October 12, 2016. Her lawyers also filed supplemental briefings on October 17 and 19 of 2016 to stop the eviction.
On November 18, 2016, the Los Angeles Superior Court Judge in the Glendale Courthouse granted Mrs. Brainangkul's preliminary injunction against Volantis, ruling that she was likely to prevail on the merits and would suffer irreparable harm if eviction was pursued. The trial court agreed to enjoin any further eviction proceedings, but only on the condition that she pay a $40,000 bond within 10 days. Unfortunately, this was an impossible sum for Mrs. Brainangkul. She was simply unable to pay it.
"This is where the case got rough," said attorney Gurevich. The trial court "probably felt it had given her a chance. But Mrs. Brainangkul had been modifying her loan due to financial hardship in the first place." The foreclosure attorneys at Consumer Action Law Group filed a series of motions to consolidate Mrs. Brainangkul's wrongful foreclosure case and the unlawful detainer case against her, without subjecting Mrs. Brainangkul to such an impossible bond amount.
Since then, Mrs. Brainangkul's mortgage fraud case and Volantis' case to have her evicted have proceeded separately, both under Judge Hofer of Department D of the Los Angeles Superior Court, Glendale Courthouse. Mrs. Brainangkul continues to battle for justice against her lender, but could face court-ordered eviction before litigating her quiet title case.
Attorney Gurevich thinks that at this point, fighting the case is a matter of human decency. "The tragedy here is that, in addition to caring for her family and working to support them, Mrs. Brainangkul has now spent over six months fighting a battle she never should have faced at all, at the expense of her family's well-being."
About The Firm
Consumer Action Law Group is a law firm dedicated to fighting for consumer rights. Mrs. Brainangkul's eviction case is scheduled to go to trial on June 5, 2017 in the Los Angeles Superior Court, Glendale Courthouse. The mortgage lawyers at Consumer Action Law Group are fighting to prevent eviction resulting from a wrongful foreclosure.
Consumer Action Law Group can be reached at (818) 254-8413.
Consumer Action Law Group