Fight Foreclosure, he fought the banks and won! A San Diego resident from the city of La Jolla, Kaveh Khast, has done what many have only dreamed of and few dare to try.
Irma E. Gonzalez, a California federal judge granted his motion for a temporary restraining order, which blocked Washington Mutual (WAMU) and JP Morgan Chase from proceeding with the foreclosure of his home. Why, you ask? Well, WAMU and JP misled him during the loan modification process into defaulting on his mortgage. He decided to fight foreclosure – and he won!
In his fight foreclosure battle, Khast claimed that a WAMU bank rep had told him that in order to qualify for a loan modification he had to stop paying his monthly loan payments. A bank representative did confirm receipt of the required loan modification documents, but did not contact the plaintiff as promised. You can fight foreclosure too, one step at a time.
Fight Foreclosure Continues
During his fight foreclosure ordeal, Khast learned that Chase bank had purchased WAMU and his home mortgage. Chase told Khast to submit another application after Khast had contacted them. Meanwhile, he started making his monthly mortgage payments.
Not long afterward, Khast was informed that he had to be behind in his monthly payments in order to qualify for a loan modification. So, Khast did was he was told, and because he did as the bank directed, Judge Gonzalez found that Khast was irreparably harmed and entitled to an order temporarily halting the foreclosure on him home. You can fight foreclosure too, don’t get frustrated – there is help.
“If the sale of plaintiff’s property proceeds as scheduled, plaintiff will lose his home,” Gonzalez wrote. “Even if defendants were ultimately to prevail, a temporary restraining order will only force them to delay the sale of the property by a matter of days.” In my opinion, you should fight foreclosure whenever possible, don’t just lay down and take it.
Fight Foreclosure Case Info:
Plaintiff: Kaveh Khast
Defendants: Washington Mutual Bank, JP Morgan Chase Bank, California Reconveyance Company and DOES
Case Number: 3:2010cv02168
Filed: October 18, 2010
Court: California Southern District Court
Office: San Diego Office [Court Info]
County: San Diego
Presiding Judge: Irma E. Gonzalez
Referring Judge: Jan M. Adler
Nature of Suit: Real Property – Foreclosure
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