Since July of 2008, when the new California laws giving
borrowers greater rights to assist in preventing foreclosures and in obtaining loan modifications became effective,
this office has been litigating against wrongful foreclosures; trustee's sales without proper notice; bad faith denial
of loan modifications; quiet title actions to restore title after improper trustee's sales and wrongful deficiency
judgment actions by secondary lenders.
We have successfully obtained temporary and preliminary
injunctions against lenders to stop Trustee's Sales, while the borrowers pursue loan modifications in a number of cases, including: Monterey Superior Court Cases M99069 against National City; M98952 against GMAC; and M98769 against First Franklin.
We have been successful in fighting unlawful and
forcible detainer actions following improper trustee sales: in Monterey Superior Court Case No. M101581 against Bank of New
York as Trustee for Countrywide (now owned by Bof A); and M96274 against Deutsche Bank, as Trustee for WaMu (now owned by
Chase).
We have been successful in maintaining causes of
action for bad faith denial of loan modifications and quiet title to restore title to the borrower, following an improper
trustee's sale in Case No. M98309 against JP Morgan Chase Bank; and for Quiet Title against Countrywide (BofA) in
Case No. M95754.
If you are experiencing any of the following improper
processes by any lender, contact our offices; we can help.
- Wrongful Foreclosure Processes
- Wrongful Unlawful Detainer/Forcible Detainer Actions;
- Wrongful Denials of Loan Modifications;
- Wrongful Deficiency Judgment Lawsuits by Second Trust
Deeds Lenders
- Deceptive Practices by 2nd Trust Deed Lenders in Short Sales.
With a better understanding
of the legal issues involved in each circumstance or transaction homeowners have a better chance of saving their homes and
their credit.
Comprehensive and timely information provides the property owner, contractor, lessee, buyer
or borrower with more alternatives, which in turn leads to fewer disputes and less litigation; thereby creating
a stronger community.
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Disclaimer: Each case is fact sensitive; we cannot guarantee the outcome of any case. This website
does not function as an offer to represent any person or entity, or as a contract for such representation. It merely
advertises the areas of law practiced by this attorney. In order to be represented by this law office, the reader must
contact the Law Office of K O Mahan and enter into a written contract for representation, signed by the attorney.
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Use the links at the top of the page for more
information and to contact us, or call 831-333-0446; or e-mail kmahan@mahanlandlaw.com
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LAW OFFICE OF K O MAHAN
Kathleen O'Sullivan Mahan
Attorney at Law, SBN 129374
The Professional Bldg
215 W. Franklin Street, Fifth Floor
Monterey, CA 93940
Tel: 831 333 0446
Fax: 831 333 0447
