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Business, Litigation Employment and Real Estate Attorney and Lawyer in Newport Beach, Aliso Viejo and Orange, California - Orange County, California, with law offices to serve all Southern California Cities, including: Irvine, Santa Ana, Newport Beach, Costa Mesa, Orange, Huntington Beach, Anaheim, Fullerton, Mission Viejo, Laguna Hills, Laguna Niguel, Lake Forest, Orange, Long Beach, Riverside, Corona, Riverside, San Diego, Los Angeles, Los Feliz, Hollywood, Encino, Brentwood, Beverly Hills, Santa Monica, Northern California, and all of California.

eNewsletter: Homeowner Rights re HAMP NPV eLetter
HAMP MOD NPV newsletter

Free Initial Case Consultation for Southern California Residents: email your question and contact information to:
1-877-946-4968 or Email

In the News:

Ca Attorney Richard Rydstrom In the New:

West Appeal Wins HAMP Wigod Rights to Sue in OC; Demurrer Opposition Complaint and Appeal Brief by Attorney Rich Rydstrom

2013 News Article: New California Bill of Rights may Trigger Homeowner Lawsuits with Statutory Damages of
$50,000 or Treble Actual Damages! Ca New Bill of Rights $50,000 Damages Article Attorney  Richard Rydstom

9-2012 CA State Court HAMP Negligence: Attorney Rich Rydstrom upholds borrowers right to sue for HAMP NEGLIGENCE PER SE against CITIMortgage and KASIER Federal Bank in State Court per Wigod 2012, In Re BOA, Ansanelli, Allen, Bosque, Durmic, Turbeville, etc. and in another state court case per Biakanja and Ansanelli. See Below

Sept 2012 CA Attorney Rich Rydstrom upholds FAC against Citi and Kaiser for Fraud-Mods, Misrep., Wrongful Foreclosure (and CR Title), Unfair Business Practices, Breach of Mod Contract, Promissory Estoppel, Conspiracy to Defraud, Negligence Per Se (Citi, Kaiser); for Client SB Librarian: Ca Homeowner Lawsuit Upheld HAMP, UCL, Fraud, Breach of Contract, Negligence

9-2012 Rich Rydstrom, Esq. upholds Complaint for Los Angeles Entertainment Photographer in OC Superior Court for Violations of HAMP,  Fraud-Mod, Unfair Business Practices, HAMP NEGLIGENCE (Biakanja and Ansanelli), RFDCPA, Promissory Estoppel,  etc. Ca HAMP Lawsuit Upheld Attorney Rich Rydstrom

August 2012 Attorney Rich Rydstrom Freezes Bank Foreclosure in CA winning a Preliminary Injunction for Disabled  (Discrimination; Wrongful Foreclosure; CA Unfair Business Practices]  Ca HAMP Lawsuit for Disabled Upheld by Attorney Rich Rydstrom

Aug. 2012 Interview of Rich Rydstrom  8 2012 “Mystery of FHFA Rich Rydstrom Rick Sharga MortgageOrb Hall” FHFA Article National Mortgage Foreclosure Issues

Rich Rydstrom, Esq. receives AVVO OC Metro 2012 “Top Attorney” Awards in areas of  Litigation, Real Estate and Business!  Ca Attorney Rich Rydstrom Top Rated Attorney Avvo Awards

Los Angeles Judges award
Certificate of Appreciation to Rich Rydstrom, Esq. as VSO for work as ADR Neutral Settlement Officer in LA Courts  Ca Attorney Rich Rydstrom Receives Settlement Award  re Los Angeles Judges

Attorney Rich Rydstrom Wins Back to Back HAMP Remands; Proves Violations of HAMP Modification Standards Belong in State Court!

Military HAMP SCRA Rights: US Naval Reservist Sues for Wrongful Foreclosure;  Wrongful Denial of HAMP Mod;  Wrongful Charging of Insurance Premiums; Attorney Rich Rydstrom  Wins Remand for US Naval Reservist with HAMP and SCRA Claims! ORDER OF THE COURT Ca Naval Reservist HAMP SCRA REMAND Order
Remand SCRA HAMP REMAND MOTION  Naval Borrower Remand Motion by Attorney Rich Rydstrom

June 2012 Attorney Rich Rydstrom Files HAMP & SCRA Remand for Navy Militaryman Reply Brief  Ca SCRA HAMP Remand Motion Filed

June 2012 Legal Case News: Attorney Rich Rydstrom Wins Federal  HAMP Remand in Quest to Litigate HAMP Violations for Homeowner in Ca State Court!  Ca Federal HAMP Remand Order  --
HAMP Remand Ca HAMP Remand
Opposition Strike  Ca Federal Opposition Motion Strike HAMP Complaint
Opposition Dismiss Ca Federal HAMP Opposition Motion Dismiss by Attorney Rich Rydstrom

June 2012 Rich Rydstrom Interview re Ca AG Harris re National Banking Settlement
Ca Attorney Rich Rydstrom Interview re AG Harris

April 2012 New CA Foreclosure, Modification & Title Laws; AG Harris ; Ca New Foreclosure Mod Laws

March 2012 Rich Rydstrom on FHFA (DeMarco) Resistance to GSE HAMP Principal Reduction Modifications: Interview of Rich Rydstrom re FHFA DeMarco Principal Reductions

Landmark Wigod Case Supports HAMP Trial Mod Violation Lawsuits in State Court
Ca Attorney Rich Rydstrom Interview re HAMP WIGOD case

2012 Rich Rydstrom on the New AG Mega Foreclosure HAMP Modification Settlement 
Ca Interview Rich Rydstrom re AG Settlement

2012 New Foreclosure HAMP Consent Enforcement; Rich Rydstrom on Governor Raskin Fines  Ca Interview Rich Rydstrom re Govenor Raskin Foreclosure HAMP Enforcement 

2012 Richard Rydstrom on President Obama’s New HARP Short Payoff Refinance Program Ca Interview Rich Rydstrom re President Obama’s HARP Short Refi Program

2012 Rich Rydstrom on Foreclosure Timelines & Judicial Waste  Ca Interview Rich Rydstrom on Foreclosure Timelines and Court Waste

Year after Year Rich Rydstrom chosen as Industry Expert: 2010-2011 Attorney Rich Rydstrom chosen by Mortgage Banking Servicing Industry as expert in Year in Review - Ca Rich Rydstrom Chosen as National Expert
 
The Foreclosure-Gate Freeze & Litigation Trigger by Richard Ivar Rydstrom, Wednesday 20 October 2010 - MortgageOrb - Ca Interview Rich Rydstrom Foreclosure Gate Freeze

Rich Rydstrom on Future of Mortgage Foreclosure Modification Crisis - Ca Rich Rydstrom Interview Foreclosure Modification Crisis

Business Law & Ethics of HAMP Modifications by Rich Rydstrom NBI CMIS AFN  Ca Rich Rydstrom NBI CLE Program re Law Ethics of HAMP Mods

More Interviews & Articles Rich Rydstrom Articles

HAMP Handbook 3.3 Regs HAMP Handbook 3.3

Interviews of Rich Rydstrom Mortgage Orb Interviews

HAMP WIGOD CASE

KEY LAW UPDATE ON HAMP MORTGAGE SERVICER LITIGATION & LEGAL CASES

Borrower Rights to Sue for HAMP Violations in State Court Using HAMP

Interview of Attorney Richard Rydstrom by Phil Hall

Re Litigation Update: Do we have a new landmark decision that could open the flood gates to HAMP violation lawsuits? Case Review of Wigod v. Wells Fargo Bank (7^th Circuit; No. 11-1423; Mar. 7 2012)

I spent several years, from its inception, working on HAMP and foreclosure policy with the industry, consumers and the U.S. Treasury. Many courts have simply denied borrowers redress for wrongful HAMP modifications by holding that HAMP did not create a private right of action; and distinguishing long standing laws, cases and canons of interpretation, along with a sprinkling of assumptions.

The Wigod case may open the flood gates to lawsuits using HAMP violations as elements of state torts, in state court actions. The Honorable HAMILTON penned a 75 page master analysis of the use of federal violations in state court claims.  The court explains that … HAMP violations of federal law are elements of state law claims, which are not pre-empted by federal law, effectively because HAMP did not supply a private right of action. This decision is a well-reasoned corollary of the now old winning defense argument that; you can’t sue for HAMP violations because HAMP did not express create a private right of action.  The court goes on to say that “There is no indication that Congress meant to foreclose suits against servicers for violating state laws that impose obligations parallel to those established in a federal program [page 60].  The court correctly notes that the Treasury HAMP program in Supplemental Directive 09-01 states that “…servicers must implement the program in compliance with state common law and statutes.” [page 61] 

The court pushed aside the defense “End-Run” theory. Banks/servicers have been arguing that plaintiffs may not proceed with “HAMP claims in disguise” [as] … an “impermissible end-run around the lack of a private action in [the 2008 Act] and HAMP.” [page 61]  The court dispelled the end-run theory that was built on the idea that where Congress did not create a private right of action for a violation of federal law (HAMP), then no right of action may exist under state law. The court goes on to say: “The issue here, however, is not whether federal law itself provides private remedies, but whether it displaces remedies otherwise available under state law. The absence of a private right of action from a federal statute provides no reasons to dismiss a claim under a state law just because it refers to or incorporates some element of the federal law.” [page 63]

It has long been accepted that “the interpretation of” federal law issues (such as the notice statute in the federal tax law) was an “essential element of [plaintiff’s] quiet title claim); Merrell Dow Pharmaceuticals, Inc. v. Thompson, 478 U.S. 804, 805-07 (1986) (violation of federal labeling requirements in the Federal Food, Drug, and Cosmetic Act created a rebuttable presumption of negligence, and proximate case under state tort law); Moore v. Chesapeake & Ohio Ry., 291 U.S. 205, 214-15 (1934)…” The court goes on to point out that “In none of these [jurisdiction] cases has the Supreme Court even suggested that the absence of a private right of action under a federal statute would prevent state law from providing a cause of action based in whole or in part on violations of the federal law.”[page 64]  The court concludes that a violation of federal law (HAMP regulations, practices and procedures) are proper to support elements of state law claims. In fact, the court states that such violations can support negligence per se (Kentucky worker’s compensation statute provided that employer railroad’s violation of Federal Safety Appliance Acts would constitute negligence per se under state law).

Stay tuned, as best practices now will take on a whole new meaning.

Richard Rydstrom, Esq.  rich@rydstromlaw.com  1-877-WIN-4-YOU

Copyright 2012 Richard Rydstrom

Free Initial Case Consultation for Southern California Residents: email your question and contact information to:
1-877-946-4968 or Email

In the News:

Attorney Richard Rydstrom In the News:

2012 Rich Rydstrom on the New AG Mega Foreclosure Modification Settlement 
Click Here

2012 New Foreclosure Consent Enforcement; Rich Rydstrom on Governor Raskin Fines  Click Here 

About Attorney Richard Ivar Rydstrom:

With more than 21 years of legal experience, Rydstrom is rated Superb, 10 out of 10 by Avvo – the world’s largest rating directory of lawyers. He has vast experience representing plaintiffs, defendants, homeowners and mortgage banking institutions. Richard is considered a national expert by the mortgage banking industry.  When the U.S. Treasury was establishing national policy on mortgage modifications and foreclosures for President Obama’s Home Affordable Modification Program (HAMP), Rydstrom served on the official working groups with the American Legal & Financial Network (AFN), MBA, consumer groups and banking institutions. When the 110th Congress wanted a neutral analysis of the predictive mortgage finance meltdown, Rydstrom was chosen to give an official Statement to the House Ways & Means Committee. When the AFN wanted to educate its mortgage banking servicers on the U.S. Treasury’s first HAMP outline, they chose Rydstrom.

Some significant distinctions include:

•Published in a Statement to the 110th Congress, House Ways & Means Committee, Chairman Charles Rangel
•Considered a national expert in mortgage banking and related foreclosures
•Honorary member of the American Legal and Financial Network (AFN)
•Chairman of CMIS (Coalition for Mortgage Industry Solutions)
•Member of the HAMP Policy Working Groups (AFN, Treasury, etc.)
•CLE speaker and educator for attorneys, judges, banks, servicers, accountants and financial advisors  for the National Business Institute (NBI)
•Frequent keynote speaker, panelists, and moderator at national conferences and webinars including the AFN, NBI, CMIS, CMBA
•Voluntary Settlement Officer (VSO) for all Los Angeles courts

Free Initial Consultation: 1-877-946-4968 or Email California Attorney at Law Real Estate, HAMP, Business & Litigation Richard Ivar Rydstrom 4695 MacArthur Court,11th Floor, Newport Beach, Ca 92660 1877-Win-4-You  ™

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Aliso Viejo wrongful HAMP mod denial Mission Viejo wrongful HAMP mod denial Tustin Foreclosure wrongful HAMP mod denial Irvine Foreclosure wrongful HAMP mod denial Newport Beach wrongful HAMP mod denial Anaheim wrongful HAMP mod denial Bakersfield wrongful HAMP mod denial Chula Vista wrongful HAMP mod denial Compton wrongful HAMP mod denial Concord wrongful HAMP mod denial Corona wrongful HAMP mod denial El Cajon wrongful HAMP mod denial Escondido wrongful HAMP mod denial Fontana wrongful HAMP mod denial Fremont wrongful HAMP mod denial Fresno wrongful HAMP mod denial Fullerton wrongful HAMP mod denial Garden Grove wrongful HAMP mod denial Glendale wrongful HAMP mod denial Hayward wrongful HAMP mod denial Huntington Beach wrongful HAMP mod denial  Inglewood wrongful HAMP mod denial Irvine wrongful HAMP mod denial Lancaster wrongful HAMP mod denial Long Beach wrongful HAMP mod denial Los Angeles wrongful HAMP mod denial Modesto wrongful HAMP mod denial Moreno Valley wrongful HAMP mod denial North Hollywood wrongful HAMP mod denial Oakland wrongful HAMP mod denial Oceanside wrongful HAMP mod denial Ontario wrongful HAMP mod denial Orange wrongful HAMP mod denial Oxnard wrongful HAMP mod denial Palmdale wrongful HAMP mod denial Pasadena wrongful HAMP mod denial Pomona wrongful HAMP mod denial Rancho Cucamonga wrongful HAMP mod denial Riverside Foreclosure wrongful HAMP mod denial Sacramento Foreclosure wrongful HAMP mod denial Salinas Foreclosure wrongful HAMP mod denial San Bernardino wrongful HAMP mod denial San Diego wrongful HAMP mod denial San Francisco wrongful HAMP mod denial San Jose wrongful HAMP mod denial San Mateo wrongful HAMP mod denial Santa Ana wrongful HAMP mod denial Santa Barbara wrongful HAMP mod denial Santa Rosa wrongful HAMP mod denial Stockton wrongful HAMP mod denial Sunnyvale wrongful HAMP mod denial Torrance wrongful HAMP mod denial Vallejo wrongful HAMP mod denial Van Nuys wrongful HAMP mod denial Whittier wrongful HAMP mod denial