Wolfe & Wyman LLP
  Mortgage Banking
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Attorneys in Practice Area


Experience

  • Successfully defended national mortgage loan servicer at trial resulting in dismissal of claims of unfair loan servicing business practices (California Business & Professions Code Section 17200) and violations of the Truth-In-Lending Act and the Real Estate Settlement Procedures Act. (Arthur Casale v. GMAC Mortgage, LLC, et. al. San Diego County Superior Court, 37-2007-00075251-CU-BC-CTL) 

  • Represented reverse mortgage lender in challenge to enforceability of reverse mortgage based on claims of lack of lucidity, fraud, elder abuse, negligence, unfair business practices, etc. in which plaintiffs sought compensatory and punitive damages and rescission of loan. Obtained defense verdict in bifurcated jury trial on fraud and elder abuse claims, and in court-tried phase of case judge rejected claims for rescission based on mental incapacity and unfair business practices under Business & Professions Code Section 17200.

  • Successfully prosecuted a case through trial and appeal to establish the validity of a $500,000.00 line of credit deed of trust.

  • Successfully defended at trial a case wherein Plaintiff sought to set aside $700,000.00 loans on the basis of forgery.

  • Successfully defended at trial a national lending institution against claims that the lender fraudulently concealed information.

  • Obtained summary judgment in favor of loan servicer against $1 million loan origination fraud and elder abuse claim. The Defendant servicer purportedly failed to catch “red flags” in the loan file when it took over the servicing of Plaintiff’s loan from another company.



Practice Areas »

Business Litigation and Counseling

Construction and Surety

Employment Law

Financial Services Litigation

Insurance

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