Our client foreclosed on a long-defaulted loan during the COVID-19 pandemic, with the property being sold to a third party at the foreclosure sale—who later evicted the borrower.
The borrower—a very sympathetic plaintiff—sued our client for wrongful foreclosure, among other things. The borrower complained that our client’s foreclosure was barred by COVID-19 foreclosure moratoria, that our client unlawfully serviced the loan, and that our client violated a variety of statutes designed to help borrowers avoid foreclosure. To that end, the borrower sought a multi-million dollar judgment against our client.
We helped the client navigate various discovery disputes, while we simultaneously filed several motions aimed at attacking the sufficiency of the borrower’s allegations.
Ultimately, we were able to avoid adverse discovery orders and were able to get the borrower’s complaint dismissed in its entirety.
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