FIRST CAUSE OF ACTION
(Breach of Covenant of Good Faith and Fair Dealing)
SECOND CAUSE OF ACTION
(Equitable Estoppel)
THIRD CAUSE OF ACTION
(Inducing Breach of Contract)
FOURTH CAUSE OF ACTION
(Unjust Enrichment)
FIFTH CAUSE OF ACTION
(Violation of California Business & Professional Code 17200, et seq., Unlawful, Unfair, or Fraudulent Business Practices)
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All lawsuits in California with a Cause of Action for Violation of Business and Professions Code 17200 need to insert “Borrowed Claims”. Meaning the Plaintiff should state what act was done leading to the violation of another Statue and then name such statue that was violated. B&P 17200 is not a cause of Action that stands alone without supporting statues. A variation of Statues which can be used in conjunction include Federal UCC article III, Civil Code 2924j(a)(4), Civil Code 2932.5, Penal Code 115.5, and Civil Code 2934(a)(D)(4) which states in relevant part “From the time the substitution is filed for record, the new trustee shall succeed to all the powers.” Therefore, the trustee cannot record a premature Notice of Default(“NOD”)!
How does a person get involved? And if they win, does that not mean that they pay a little bit to everyone and it’s like the tooth fairy coming and going?
I am having the same experience with Wells Fargo the servicer and BofA (the private investor) of my home mortgage. Previously owned by Countrywide – trying for over two 1/2 years to be modified and Wells Fargo has strung me along, lost docs, asked for docs that do not apply to my situation in anyway, instructed me to stop paying my mortgage or I would get no assistance, escalated me to the President’s office due to a treasury dept and OCC complaint made by me, and still refused any modification or HAMP process on fraudulent reasoning –
This is a question for Lainey H. What has happened since 12/05/2011 anything good or worse, (I hope you got a loan mod) please let me know, I have the same problem. Thank you Lainey H. or if anyone else has any suggestions, please. I need to hire an attorney, any references would be helpful.
Thank you Ceemore
How do I become a memeber of this lawsuit?
I too looking to join and or start a class action in NJ or nationwide against Wells Fargo for illegal foreclosure and modification fraud. Beach21@gmail.com
Seek to join class action against Wells Fargo for mortgage harassment
using phone calls, Letter of Pre-Foreclosure and failure to respond in a timely fashion to my HAMP qualification for mortgage assistance.
seek to get information in regards to Wells Fargo Fraudulent Modification loan practices
Thank you