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Sunday – May 15, 2016
Foreclosure Workshop #13: Baker v. Northwest Trustee Services: A Case Study in How To Retroactively Reverse a Foreclosure Judgment Based on a Subsequent Change in Governing Case Law
As the case law in several states appears to becoming increasingly friendlier to homeowners in foreclosure proceedings, old case precedents will gradually be overturned or substantially revised.
That raises the question how borrowers who have already been foreclosed on can use such supervening court decisions to reopen their closed foreclosure cases.
The Opinion in Baker v. Northwest Trustee Services, decided May 10, 2016 by the Washington State Court of Appeals, provides, in the context of a TILA rescission claim post-Jesinoski, a good lesson for homeowners on often completely unknown or commonly misunderstood options how to and how not to use a change in the law to retroactively vacate an earlier foreclosure judgment.
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The Foreclosure Hour is a public service of the Dubin Law Offices