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United Law Center’s Accomplishments

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For the past 6 years, United Law Center has been dedicated to changing the laws for California homeowners. ULC is proud of all of the accomplishments listed here, and gives thanks to its amazing attorneys and staff members for their hard work and devotion they have given to this area of the law to achieve these accomplishments.

United Law Center was nominated for 2014 Consumer Attorney of the Year by the Consumer Attorney of California, formerly known as Trial Attorneys Association (CAOC) for significantly advancing the rights of California consumers and ULC’s landmark publication of Bushnell v. JPMorgan/Chase (3rd Dist. Ct. App. No. C070643).

$16 Million Jury Verdict award in Yuba County in the Linza v. PHH Mortgage case (which is currently on appeal at the 3rd District Court of Appeals).

(Published Decision 2015) Monterrosa v. Superior Court of California wherein Plaintiff filed a writ with the 3rd District Court of Appeals requesting direction be given to the Superior Court to award attorney’s fees to a prevailing party when they have successfully obtained an injunction in a foreclosure action.

(Published Decision 2015) Meixner v Wells Fargo Bank, Eastern District Court of California’s order denying Defendant’s Motion to Dismiss and sustaining a homeowner’s right to sue for negligence against a bank/servicer in federal court.

(Published Decision 2014) Pestana v. Bank of America N.A., 1st District Court of Appeal’s reversal of a lower court’s decision denying a cause of action under the unfair competition law (UCL) (Bus. & Prof. Code, Sect. 17200.).

(Published Decision 2013) Fuller v. First Franklin Corp. – on a fraud in the origination claim, the Court agreed that Plaintiff stated sufficient facts that the bank fraudulently concealed facts that would have put Plaintiff on notice that they were victims of predatory lending sufficient to invoke the delayed discovery rule to toll the statutes of limitations.

(Published Decision 2013) Bushnell v. JPMorgan Chase Bank, N.A. – The court agreed that Plaintiff could state a case for Breach of Contract, Breach of the Covenant of Good Faith and Fair Dealing, Promissory Estoppel, and Fraud based on the bank’s failure to provide Plaintiff with a permanent loan modification after he completed a HAMP Trial Payment Plan.

(Unpublished 2014) Graves v. Bank of America – the Court of Appeal held that because the statute of limitations on a Unfair Competition claim (B&P Code, section 17200) is 4 years, borrowers, who’s loan was originated in 2006 but could not have known of the fraudulent activities until 2008, could state a claim under 17200, even though all the other claims were time-barred.

(Unpublished 2014) Simmons v. Bank of America – tender is not a requirement where a borrower seeks injunctive relief based on a violation of Civ. Code s. 2923.5, and the trial court erred by taking judicial notice of anything but the existence of the declaration of compliance attached to the notice of default. As such, the complaint sufficiently alleged facts stating a cause of action under s 2923.5.

(Unpublished 2014) Akinshin v. Bank of America – On Demurrer, the trial court erred in reading the word “qualify” as having only one meaning, and that Plaintiffs sufficiently alleged that qualify meant receipt of a loan modification, not some interim step towards attaining a loan modification. As such, Plaintiffs sufficiently pleaded claims for fraud/deceit, negligent misrepresentation, promissory estoppel and unfair competition related to both loan origination and loan modification.

(Unpublished 2013) Sundquist v. Bank of America – the Court of Appeal held that Plaintiff stated sufficient facts to constitute various causes of action related to both loan origination and loan modification (granting leave to amend as to Promissory Estoppel) and that the trial court erred in sustaining the demurrer.

Currently working together with Attorney General Kamala Harris in civil prosecution, providing Amicus Brief on critical Appellate Court matters.

ULC has represented more than 1,000 individual homeowners.

Answered over 8,000 free questions through our Ask Steve for Free program.

Provided free no-time limit consultations to over 5,000 people. Attorney Stephen Foondos is one, if not the only, attorney to provide no time limit consultations without charge.

The Ask Steve for Free radio program (now on KFBK 1530 AM, 93.1 FM) for the last 4 years providing unique insight and advice to the public and callers.

PUBLISHED ARTICLES ABOUT ULC AND/OR STEPHEN FOONDOS

Published articles about ULC by: The National Trial Lawyers, New York Times, Bloomfield, The Sacramento Bee, Businessweek, News 10, Merced Sun-Star, KUBA radio, OccuWorld.com, Philadelphia Business Journal, Philadelphia Inquirer, Appeal- Democrat, Justizz.com, StopForeclosureFraud.com, KFBK, Fraud-News.com, US Finance Post, Mortgage Professional America, HousingWire, Mortgage Professional America, PizzyBankBlog.com, Mortgage News Update, Courier-Post, Mortgageorb.com, Philly.com, loansafe.org, Investment blog, WhichMortgage.com, TX Bankruptcy Blog, American Banker, California Real Estate Fraud, Mortgage Servicing News, Interest.com, DS News.

NEWSTORIES

Mandelman Matters Podcasts
ABC News Covers Linza trial
NBC reports on ULCs $16M victory
$16 million in Linza v. PHH jury trial
FOX40 Interview – Modification Fraud
Pestana v. Bank of America
Family Radio Interview
Capital Public Radio: Insight Program
KCRA Interviews Stephen Foondos
FOX40’s Paul Robins Interviews Stephen Foondos
CBS News Reports on One of ULC’s Victories
Glaski Increasing Rate and Value of ULC Cases
ULC Makes News in the Sacramento Business Journal

United Law Center Bankruptcy Dept. Concerned about Typical Eight-Year Bankruptcy Surge Cycle

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(Sacramento, Calif.) — Going into a Presidential election, the American economy needs to be a major priority in the discussion. Bankruptcy industry experts including United Law Center’s own attorneys are concerned about a typical eight-year economic cycle showing signs of returning. Looking back over various economic crises the past 25 years (1992 and 2000) and typically there has been a surge of bankruptcies about eight years later (2000 and 2008). Thus, experts are watching closely for signs of this surge to potentially hit in 2016. A June 2016 Forbes article provides data pointing in that direction via a report by the Federal Reserve. United Law Center feels this is a very real possibility as they continue to see many homeowners struggling to keep their homes and fight with their mortgage servicer for loan modifications or defend themselves against foreclosure.

America is in for another economic hit in terms of the next wave of bankruptcies, based on historical trends. In a recent Forbes article that was in response to a Federal Reserve report on “how well Americans and the American economy are doing”, the outlook isn’t rosy. According to the report, “31%, or approximately 76 million Americans, are ‘struggling financially’ or ‘just getting by’ right now”. Also revealed is that, “46% of American adults say they can’t cover an emergency $400 expense or would have to borrow or sell something to do so.”

“The negative economic signs highlighted in the Federal Reserve’s report are concerning,” explained Stephen J. Foondos, founder and managing partner of United Law Center. “These signs are not surprising to us as we continue to see families victimized by mortgage servicing companies. Trial after trial is proving that mortgage servicers are doing more harm than good in their current level of industry regulation.”

Moreover, the easy access to high-interest money loans, or unsecured “payday loans” are reminiscent of the sub-prime loans of the 2000s. Not only are the loans risky, but are recourse loans where a defaulting borrower will face collection effort including a potential lawsuit. This, in turn, is likely to result in a higher rate of bankruptcies.

With 10 published decisions, ULC has created a legal platform in California to help protect homeowners in this state from the unlawful practices of many mortgage servicers and banks. However, the servicing industry is in need of serious regulation to really see change and improvement in customer service.

“Bankruptcy should never be considered lightly. It is not always the best option, even in the situation of a foreclosure,” added Foondos. “We know both sides of the equation when it comes to bankruptcy and foreclosure. We can guide clients on the best path for their unique case. If bankruptcy makes the most sense, our Bankruptcy Plus program experts will make sure it is done properly and comprehensively.”

Bankruptcy, although not always the first option to consider, is designed to give people the “fresh start” they need by relieving them of overwhelming and burdensome debt. Bankruptcy can also be an alternative to losing the family home when no other option is available.

On a personal level, the economic trend is reflected in the inability of people to meet their everyday obligations.  With high-interest personal loans and credit card balances skyrocketing, student loan obligations coming due and higher taxes, people find they can’t meet all their debts when they come due.  Sometimes the ordeal of an unsuccessful mortgage modification leaves a homeowner far behind in their mortgage payment.  When these obligations are each demanding urgent attention, many people find that not only is bankruptcy their only option, but a very effective and comfortable option for them too.

About United Law Center                                                   

United Law Center is the consumer law firm leading the litigation charge in homeowner defense for foreclosure and other mortgage violations. ULC is also a leading provider of Bankruptcy counsel and representation. With ten published cases in California, United Law Center is securing case law in favor of homeowners fighting banks to keep their homes. United Law Center protects homeowners against consumer law violations. To determine if a homeowner has a valid case, they are encouraged to visit www.unitedlawcenter.com or call 916-367-0622 to schedule a free, no-time-limit consultation.

Top 10 Things You Need to Do After a Car Accident

Did you know that over six million car accidents occur each year in the United States. One in three accidents involve personal injury to the driver or passengers and out of that number, two out of every ten accidents lead to fatal injuries.

If you or your loved ones are involved in an automobile accident, there are certain things you can do to protect yourself and your interests. The following is a list of the top ten things you should do if you are in an automobile accident:

1. DON’T DRIVE AWAY FROM THE ACCIDENT. Never drive away from the scene of an accident, even a minor one.

2. CALL THE POLICE. Regardless if there are serious injuries or not, you should always call the police. You may be required to provide a police report police to file a claim with your insurance company, even if it is just to make a claim for damage to your vehicle. The vehicles involved in the accident should stay where they are unless they interfere with traffic.

3. SEEK MEDICAL ATTENTION. Often, injuries caused by motor vehicle accidents are not immediately apparent. Most people report feeling the most pain a day or two following an automobile accident. Unless you are absolutely certain you were not injured, you should seek medical attention at your local emergency room or by seeing your family physician. Even in accidents involving minor impact, you can sustain a serious and permanent injury to your spinal cord. If you lost consciousness or were dazed for even a short period of time following the collision, you may have suffered a concussion or closed head injury. This can cause cognitive and behavioral changes if left untreated.

4. KEEP IN MIND OF OTHER DRIVERS. Further accidents can be prevented by setting up flares or keeping your flashers on. You should have a flashlight to keep you safe while you wait if it is dark and your lights don’t work. You should stay in your car if its safe or by the side of the road away from traffic.

5. GIVE OR WRITE DOWN AN ACCURATE RECORD OF WHAT HAPPENED. When the police arrive, make sure you tell the investigating officer(s) exactly what happened, to the best of your ability. If you do not know certain facts, tell that to the officer. Do not speculate, guess or misstate any of the facts. If you are asked if you are injured and you are not sure, say you are not sure, rather than no. Often, the pain and injuries from motor vehicle accidents become apparent hours after the actual collision. You should also make sure statements made by other persons involved in the accident are accurate as well.

6. EXCHANGE DRIVER INFORMATION. Typically, the investigating police officer obtains this information. However, if the police do not respond to the accident, you should obtain the name, address and telephone number of all persons involved in the accident, drivers and passengers alike. You should also obtain information about insurance by asking to see the insurance card for all vehicles involved in the accident. If there are witnesses, you should get information from them as well so that you or your attorney can contact them in the future. If police respond to the accident, the investigating officer usually will provide all drivers with a police report number. You can use that number later to obtain the police report. If the accident occurs on a state highway, you must request the report from the state police.

7. TAKE LOTS OF PICTURES. If you happen to have a camera in your vehicle, or a cell phone equipped with a camera, you should take pictures of the vehicles if there is visible damage. If you have visible injuries, you should photograph them as well. Remember to take a picture of the position of the accident of where it happened on the road or intersection. This could help identify fault later on.

8. CONTACT YOUR INSURANCE COMPANY AND REPORT THE ACCIDENT. Notify your insurance company as soon as possible. Many policies require immediate reporting and full cooperation. Find out if you have medical benefits as part of your insurance coverage.

9. KEEP A RECORD OF ALL DOCUMENTS AND INFO. Keep all your accident-related documents and information together. This information should include a claim number, the claim’s adjuster who is handling the claim, names and phone numbers of all contacts, receipts for a rental car and other expenses incurred as a result of the accident.

10. PROTECT YOUR RIGHTS. The Most important thing you or your family should do after an accident is to speak with your attorney. Your attorney can protect your rights and make sure valuable evidence is not destroyed. Often, insurance companies want to take statements immediately after an accident. It is very important that you have received legal advice before providing such a statement. Your attorney can advise you on issues ranging from how to make sure you are fully compensated for your vehicle to how to make sure you are getting the best medical treatment available. Personal injury attorneys work on a contingency fee basis, which means there is no legal fee unless the attorney recovers compensation for your injuries.