Wipe Out: In a Good Way...
San Francisco Bankruptcy Attorney discusses $525k mortgage wiped out by court:
As a San Francisco bankruptcy attorney, I can see both sides of this story that scores one for the consumer. Suffolk Judge Jeffrey Spinner made Long Island Couple Diane Yano-Horoski and Greg Horoski quite happy, having wiped away their $525,000 Mortgage. The judge was outraged by the behavior of OneWest, the bank holding the mortgage, and sought to punish them with this ruling.
The plaintiff in the court case spouted that they had sent a forbearance agreement to the defendant, but eventually conceded that it had not been sent until too late. They also refused to consider a loan modification or any of the other solutions offered by the defendant and the court.
In the judgment, Judge Spinner wrote that “[The Plantiff’s] affirmative statements made it abundantly clear that no form of mediation, resolution or settlement would be acceptable to Plaintiff.” He went on to say that “Regrettably, the Court has been unable to find even so much as a scintilla of good faith on the part of Plaintiff. Plaintiff comes before this Court with unclean hands yet has the insufferable temerity to demand equitable relief against Defendant.”
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