Finally we got a victory! Let's hear it for Mr. George Nicoletti who secured this victory against Aurora. If you are losing your house in foreclosure call him. He might be able to do for you what he did for Ms. Chavez!
Plaintiff's Counsel: George Nicoletti, Esq.
2945 Townsgate Road, Suite 200
Westlake Village, CA 91361
Tel: (805) 719-2750
Chavez v. Aurora Loan Services LLC
Ventura County Superior Court - Simi Valley
Hon. David Worley
Chavez sued Aurora for Wrongful Foreclosure for failure to comply with Civil Code, Sec. 2923.5 et seq. Causes of Action for Declaratory relief, Accounting and UCL & Nuisance (causing blight in community by foreclosure behavior).
FACTS: Chavez entered into trial loan modification agreement which included 3 reasonable payments and a huge balloon payment. When debtor couldn't pay balloon payment, Aurora declared him in default of the agreement and proceed with foreclosure on the home. The foreclosure took place in violation of specific terms the Forebearance Agreement.
In typical fashion, Aurora attempted to defend the action by claiming that the California Foreclosure Prevention Act is completely preempted by Federal Law governing mortgages and banks. This argument has been winning around the country. HOWEVER. Our fellow warrior fought Goliath in true David fashion and won. I'm proud to report:
Aurora Demurrer Overruled as to Dec. Relief, Accounting & 17200.00 Claim
Complaint not based solely on Violation of Civil Code, Sec. 2923.6 but encompassing allegations of "unfair" practices with respect to the Forbearance Agreement. Our Foot is in the door!
We need more lawsuits attacking these forebarence agreement.
Plaintiff's Counsel: George Nicoletti, Esq.
6320 Canoga Ave #1500, Woodland Hills, CA 91367
TEL: (805) 991-6668 or TEL: (818) 991-6800
