We all experience every single day the absurd tragedy of mortgage servicer errors and abuse. At first judges were incredulous when our clients claimed they faxed their paperwork in 10 times and called every day and made every single payment. Now the experienced judges know that many of these claims are legitimate. We will continue to find out that there are systemic and institutionalized reasons for servicer errors (see this lawsuit servicerfraud)
Because I deal with hundreds of people, I see that error and problems permeate all the servicers. I require my clients to keep a log of all contacts and communications and the story these logs tell is just disgusting…..particularly the recent case of mine where a client was obsessively working with Wilshire Credit, always faxing and mailing two sets of documents and recording and logging all phone calls….for months….only to be told Wilshire no longer had any of his records and he would have to start all over again. Of course the Plaintiff kept right on moving with their foreclosure and in fact had set summary judgment. We were saved because my client was able to show the good judge just how wrong this system is.
Which brings us to the case posted below. Same story, different lender. Client makes all payments, but the lenders numbers just keep on changing. This happens in virtually every case. The lesson here is the client kept good notes and records and a good team of attorneys fought for them. Read the opinion and the order and consider how to use these issues in all of your cases: