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Trustee claims Nationstar Mortgage wrongfully foreclosed on property

norcalrecord.com | October 22, 2016

By Jenie Mallari-Torres

SAN FRANCISCO — A special trustee has filed suit against a mortgage company for allegedly wrongfully foreclosing on a property.

3216 Balboa LLC filed a complaint Oct. 5 in U.S. District Court for the Northern District of California against Nationstar Mortgage LLC, alleging that the Texas company breached its duty of good faith and fair dealing.

According to the complaint, the plaintiff alleges that on May 19, 2014, 3216 Balboa LLC's sole managing member, David Rienhart, was named as a special trustee by his former wife, together with Joanna Cheung, who later quitclaimed all of the trust’s interests in the subject property to the plaintiff for the benefit of his children.

However, on Sept. 14, the new trustee that was falsely appointed by a securitization trustee threatened to sell the property at a public auction on Oct.17 unless the plaintiff immediately paid the inflated payoff amount of $471,361.92 to the defendant, thereby causing the plaintiff to suffer monetary damages and harm.

The plaintiff holds Nationstar Mortgage LLC responsible because the defendant had no legal standing or authority to collect money or foreclose under the note/DOT or any other agreement.

The plaintiff requests a trial by jury and seeks declaratory judgment, preliminary and permanent injunction, damages, attorney’s fees and further relief the court deems proper. It is represented by John Holman of Holman & Martin in San Anselmo.

U.S. District Court for the Northern District of California Case number 3:16-cv-05651

 

 

 

 

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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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