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KEY SUCCESSES

With 75 years of combined experience and over 99% success rate, we work collaboratively to ensure our clients benefit from the experience and knowledge of our team. We highlight some of our noteworthy success stories here.

FHLMC v. Champion Mortgage

Prevailed in bench trial for major Government Sponsored Enterprise in unique real property dispute concerning issues related to an unauthorized subordination agreement wherein the former loan servicer subverted the GSE’s lien interest without authorization or notice to the GSE.  After defeating a summary judgment motion from the defense, attorneys from The Ryan Firm proceeded to try the case to judgment in favor of the GSE.  Successful prosecution of the equitable claims included in-depth analysis and presentation of evidence concerning the circumstances of the execution and recordation of the unauthorized subordination agreement. 

5AIF v. Ray

Obtained complete payoff of lien including interest and attorney’s fees.  When matter was transferred to The Ryan Firm, former counsel was negotiating with Plaintiff to accept a severely discounted payoff.  After The Ryan Firm took over, the conversation shifted – to a demand for full payment of principal, interest, fees and costs.  The Ryan Firm successfully negotiated for a full payoff of principal, interest, and fees and costs.

In re Gaines

Reversed probate court’s order for sale of secured property free of our client’s interest.  After Probate Court approved sale free of our client’s interest, we filed separate quiet title action on behalf of the client and appealed the probate court order.  Order was successfully reversed and the quiet title action ensured that the property did not close during the term of the appeal. 

 

Papic v. Seterus, Inc., et al.

Obtained an order confirming that our client’s collection efforts did not violate a bankruptcy discharge injunction.  Even though the law changed (significantly to the negative) on the pertinent issues during the course of the appeal, the favorable order was still affirmed on appeal by the Bankruptcy Appellate Panel. 

 

Alepyan v. U.S. Bank, NA

Defeated complaint, and prevailed in cross-complaint in action brought for breach of short sale agreement.  Matter was transferred to Firm with instructions to “pay to settle.”  Upon initial review, it was clear that the short sale was supported with fraudulent documents and claims.  The Ryan Firm filed a cross-complaint – and ultimately defeated the main complaint and prevailed on the cross-complaint, collecting significant sums from the escrow through early settlement (that was used to fund the litigation) and obtaining a significant verdict against the Plaintiff. 

 

U.S Bank v. Beatty

Obtained judgment for possession on behalf of institutional REO Company in complex post-foreclosure unlawful detainer involving the procedures and policies of San Francisco’s Below Market Rate (“BMR”) program.  The matter was transferred to The Ryan Firm after other law firms were unable to obtain possession. 

 

Balcor v. Godwin

Obtained judgment for possession of $7,000,000 residential property in Agoura Hills, CA after bench trial.  Prior counsel was unable to obtain possession and matter was transferred to The Ryan Firm.  Matter concerned a post-foreclosure unlawful detainer where no less than seven claimants tried to stall the proceedings with unlawful bankruptcies, removals to federal court, and intentional misrepresentations to the Court.

 

Hernandez v. Specialized Loan Servicing

Obtained complete—12 to 0—defense verdict in jury trial related to allegedly improper credit reporting and debt collection.  Matter involved the collection of mortgage debt and furnishing of credit information of a junior lien left unsecured after foreclosure of a senior lien. 

 

Shuster v. BAC Home Loans Servicing

Obtained a favorable judgment on a borrower’s challenge to the validity of a deed of trust that did not list a trustee, among other challenges.  This judgment was affirmed on appeal, in a published appellate decision as this was a case of first impression. 

 

Genova v. Pelissier/Field

Successfully moved for relief from stay (in a Chapter 11), then obtained judgment for possession and defeated two separate wrongful foreclosure actions for a loan secured by a $21,000,000 property in Malibu.  Continued to civilly prosecute former borrowers for entering the property illegally, and worked with law enforcement to build case against former borrowers. 

 

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