"A West Sacramento man is among the first in the state to use California's new Homeowner Bill of Rights to stop a bank from foreclosing on his home, and experts say the case marks a shift in a legal system that has traditionally favored lenders.
Kevin Singh, a house painter, secured a federal court order earlier this month after Bank of America
allegedly engaged in a now-forbidden practice called dual tracking. The
behavior, in which a bank proceeds with foreclosure while negotiating
with a borrower for a loan modification, has been widely criticized as
Experts said Singh's case was the first instance in
which a judge issued a preliminary injunction to halt a foreclosure
auction under the Homeowner Bill of Rights.
This week, North Carolina-based Bank of America was negotiating to
resolve the case, said Singh's lawyer, Sacramento attorney Aldon
Bolanos. Any settlement would have to include rescinding the
foreclosure, he said. The Homeowner Bill of Rights also provides for
attorneys fees for winning an injunction."
Even with all the fines and laws they still think they are above it.