While Mark and Jenny Gin were making dozens of calls and submitting reams of paperwork to get a loan modification from OneWest Bank, another department of the bank proceeded to foreclose on their Brisbane home.
That’s not unusual. Thousands of homeowners have complained about such “dual tracking” – so many, in fact, that California will ban the practice starting Jan. 1, when the state Homeowners Bill of Rights takes effect.
What distinguishes the Gin family is that they sued – and won. A San Mateo Superior Court jury last month found that OneWest acted fraudulently. Legal experts said it may be the first instance of a California jury finding that a bank committed wrongful foreclosure by dual tracking.
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