Interactive Law Center

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Are Borrowers Entitled to Injunctive Relief Against Foreclosure Based on RESPA Violations?

In April, 2010 Judge Gary A. Feess, U.S. District Court for the Central District of California, issued an opinion holding in substance that there is no injunctive relief against foreclosure based on lender RESPA violations. [see RESPA TRO Denial attached]  Presiding Judge Irma E. Gonzalez in the Southern District held to the contrary in November, 2009, [see Preliminary Injunction RESPA Preliminary Injunction attached] albeit in a case apparently involving different facts.  The gravamen is the same, lenders are running amok with foreclosures even though they cannot show the two basic things they need to show - (1) who owns the note and (2) how much is owed? Which opinion do you think best follows the law?

 

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