U.S. Sen. Barbara Boxer Provides to Support Homeowner Fight Etrade, an Affiliate of GMAC Save Her Home

Emeryville, CA (PRWEB) August ten, 2010

U.S. Sen. Barbara Boxer has supplied to help an Oakland homeowner in attempting to stop an Aug. 19 scheduled foreclosure auction of her property. Its the last option in an 18-month good faith battle longtime Oakland homeowner Odilla Sidime has waged to get her mortgage modified only to have Etrade, an affiliate of GMAC apparently drop documents, misplace documents and stall her as the mortgage company proceeded with foreclosure plans.

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I am committed to maintaining people from losing their properties.If your monetary institution is federally regulated, my workplace would be content to assist you individually by drafting a Congressional inquiry on your behalf and submitting it to the economic agency that regulates your lender, U.S. Senator Barbara Boxer wrote in a recent e-mail to Sidime. If your lender is regulated by a state agency, your correspondence will be forwarded to the proper state regulatory agency.

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Its a lengthy shot but all Sidime has left. She has attempted to resolve the matter by following the loan modification suggestions and submitting full loan modification applications several times only to have Etrade reject the applications with unsubstantiated and vague explanations.

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The lenders claim home owners are ignoring their communications and failing to offer comprehensive documentation but I am a living witness that, even though Ive followed their requirements precisely, their loan processing technique is dysfunctional or else they are not negotiating with property owners in very good faith, Sidime mentioned. If my mortgage were modified to reflect my residences present value, I could afford to preserve this home I really like and have invested in for several years. But Etrade would rather collect payments from private mortgage insurance coverage, reap the tax positive aspects, then auction my property off to the highest bidder. Lenders claim property owners arent getting truthful but in my case Etrade has been untruthful. The heartbreaking factor is theres really nowhere else I can turn considering that Etrade does not have to comply with the federal governments loan modification plan. Its all voluntary on their element so they have no incentive to perform with homeowners.

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Because April 2009, Sidime has been sending documents to Etrade and GMAC – after she started to expect her revenue would fall brief. After becoming denied modifications twice, an Etrade representative told her she would not be deemed for a modification till she missed 3 mortgage payments. So following Etrades directions, she stopped paying on her mortgage at the end of 2009. On April 2, 2010, Etrade notified Sidime her property was getting foreclosed on for nonpayment.

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Etrade continues to misdirect and stall her. They have notified her that documents were not received regardless of getting confirmation of certified mail deliveries and faxes. Etrade officials also noted that occasionally documents are misfiled in the incorrect clients files and instructed Sidime to consist of her name and account quantity on each and every single web page submitted which she did, only to have Etrade once again claim failure to obtain enough documentation.

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In the fifth round, Sidime was told her account had been put on hold for evaluation on July 20 and that all necessary documentation had been received as of July 7, only to obtain a letter dated July 22 stating the modification was denied a fifth time because Etrade had not received all the requested documents.

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Most lately, four days soon after Sidime repeatedly faxed and emailed over 125 pages like a modification application and supporting documents, Etrade notified her that her request had been denied since Etrade in not a participant in the Property Cost-effective Mortgage Program (HAMP) and she earned insufficient income to qualify for a standard modification.

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For far more specifics of her fruitless interactions with Etrade, go to her weblog at countdown2foreclosure.com.

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Kramer Kaslow: Alleged Unscrupulous Banking Practices Outcome In Mass Joinder Lawsuit Against GMAC


Calabasas, CA (Vocus/PRWEB) April 19, 2011

Philip Kramer has filed a mass joinder lawsuit against GMAC (Locker v. Ally, Superior Court of California, Superior Court of Los Angeles, case quantity: BC 452 263) in what is potentially the most substantial and precedent-setting legal action taken against lenders as a result of the national foreclosure crisis, it was announced right now by Philip Kramer, Esq. of Kramer &amp Kaslow.

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The firm has filed suit on behalf of a mass joinder of plaintiffs looking for damages and injunctive relief as a result of what it alleges is the bank’s fraud and several violations of Local, State, and Federal customer protection laws. Mr. Kramer says that relief is becoming sought for fraud, to quit the illegal sale of plaintiffs houses, to force the bank to cease and desist from their conduct, as well as to seek compensatory damages on behalf of the plaintiffs.

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The lawsuit alleges that GMAC perpetrated a massive fraud, also constituting unfair competitors upon borrowers that devastated the values of their residences, resulting in the loss of net worth even as GMAC enriched itself by knowingly promoting economic instruments based on a value the bank knew to be unwarranted. The suit also alleges that GMAC additional intended to deprive many rights and treatments for the troubles they caused the borrowers and Mr. Kramer believes that the harm done to the plaintiffs is exceeded only by the scale of the banks conduct as asserted in the plaintiffs suit.

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According to court documents, the lawsuit claims the bank disregarded underwriting standards and implemented a massive fraud that was concealed from borrowers and other mortgagees on an unprecedented scale. The lawsuit alleges that, as a outcome of the banks actions, borrowers lost equity in their houses, their credit ratings and histories have been destroyed and they incurred unnecessary charges and costs.

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Mr. Kramer also claims that the lawsuit challenges the fraudulent and illegal use of MERS in connection with the loans and mortgages, as nicely as the defendants failure to perform their obligations pursuant to accepting TARP funds.

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The lawsuit’s filing coincides with a recent choice in a class action suit that invalidated a lot more than ten,000 foreclosure circumstances managed by GMAC Mortgage due to the fact affidavits in the circumstances were signed by a GMAC robo-signer who, according to court documents, attested to the authenticity of foreclosure documents with out any knowledge about them, as nicely as signing other false statements in the case Manson v. GMAC Mortgage LLC, 08-cv-12166, U.S. District Court, District of Massachusetts (Boston).

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I am convinced that for the very first time that aggrieved home owners are going to get a fighting likelihood, says lawyer Philip Kramer. Till now, the banks have had their way, using and abusing the method at the expense of distressed home owners across the nation. Now, soon after years of abusing home owners and the greater public, the bank bullies are acquiring a excellent stiff legal punch in the nose.

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ABOUT PHILIP KRAMER&#13

PHILIP A. KRAMER is the senior companion of the Law Workplace of Kramer &amp Kaslow, in Calabasas, California. Kramer &amp Kaslow is Martindale Hubbell AV rated. Mr. Kramer is a perennial recipient of the prestigious Southern California Super Lawyer award.

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Mr. Kramer received his undergraduate degree from Ohio State University and his Juris Doctorate from the Catholic University of America, in Washington, DC. His practice emphasizes commercial litigation and trial advocacy, with a concentration on enterprise litigation, and true house matters. He has prosecuted and defended circumstances for over twenty five years.

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Mr. Kramer is a licensed true estate broker and has spent considerable time delivering legal solutions in connection with real estate problems relating to loan modification and loss mitigation, land use and zoning, environmental concerns, easements, building and improvement, finance, and landlord tenant matters.

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Mr. Kramer is admitted to practice just before all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has tried in excess of 200 circumstances. He has appeared on nationally televised applications regarding pre-trial process and trial approach and has appeared as a guest lecturer on topics ranging from constitutional law to trial practice, and Mr. Kramer often lectures on a broad spectrum of different legal and business concerns.

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Mr. Kramer also serves as a Judge Pro Tem for the Los Angeles Superior Court and as a Mediator.

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Mr. Kramer is also a previous president of the Los Angeles West Inns of Court, a national organization committed to bringing professionalism and civility back into the legal profession. He also serves on several Boards of Directors and serves as an officer in numerous companies. For a lot more info get in touch with (818) 224-3900 or check out http://kramerlaw2.com

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