Attorney Dion Successfully Alleges In Federal Court That Mortgage Company Failed To Establish A Proper Chain Of Title Concerning “Rogue” Assignment Of Mortgage

In several instances, mortgage companies attempt to foreclose on homeowners without properly establishing a consistent and marketable chain of title of the mortgage that clearly establishes their power to foreclose. In the case of Benson v Deutsche Bank, the foreclosing entity’s motion to dismiss was denied by the Massachusetts Federal Court on February 16th, 2024 because Attorney Dion made the Court aware of an unexplained, “rogue” assignment of the mortgage that contradicted the foreclosing entity’s chain of title and suggested that the mortgage was transferred to a different entity. If you are facing foreclosure it is important to make sure that the company attempting to take your property has the legal right to do so. The decision can be found here.

Attorney Dion Obtains Judgment In Massachusetts Housing Court Declaring Foreclosure By Carrington Mortgage “Void Ab Initio” With Proper Baseball Stadium Metaphor

On February 6, 2024, Attorney Dion successfully reversed a foreclosure in the Massachusetts Housing Court against Carrington Mortgage Services. In a decision that articulated a clear understanding of the standard of strict compliance that pre-foreclosure notices must adhere to, the Court cited Attorney Dion’s case of Thompson v. JP Morgan Chase in concluding that in order to avoid potential deception, mortgage servicers must structure their pre-foreclosure notices “with clarity and precision” and should not “bury the lead and seat critical language in the upper section of the bleachers” when it comes to proper notification of a homeowner’s important rights. The decision entitled Bank of New York v. Gerinian can be found here.

Attorney Dion Reverses 2018 Foreclosure in First Circuit Appeal

In a solid victory for homeowner rights, Attorney Dion convinced the First Circuit Court of Appeals of the United States to reverse the RI Federal District Court and ultimately hold that a 2018 foreclosure was invalid and void in the case of Aubee v. Selene Finance. The opinion held that additional language in the bank’s pre-foreclosure default notice was presented in a deceptive manner that could lead homeowners to misunderstand their unequivocal right to challenge a foreclosure. 

Attorney Dion Reverses Dismissal For Non-Resident Homeowner Before R.I. Supreme Court

Attorney Dion wins another Appeal before the RI Supreme Court in the case of Montaquila v. Flagstar Bank, a decision that ensures that property owners who do not reside at a property be notified of a foreclosure. The decision clarifies and strengthens the consumer protection concerns that the RI foreclosure laws were designed to defend.

Attorney Dion Surpasses Unlicensed Mortgage Servicer’s Second Motion to Dismiss in Putative Class Action

In a Putative Class Action challenging the validity of hundreds of foreclosures in Rhode Island conducted between 2015 and 2017, Attorney Dion successfully surpassed a second motion to dismiss brought by the Defendant Ocwen Loan Servicing in the case of Andrade v. Ocwen Loan Servicing. The decision opened the possibility that the foreclosures were void and established a valid theory of damages based on the untimeliness of the foreclosures that were conducted prior to Ocwen obtaining a loan servicing license. The decision was featured on the front page of Rhode Island Weekly Magazine.

Attorney Dion Wins Landmark Decision Before the R.I. Supreme Court

On June 2, 2020, the Rhode Island Supreme Court strongly agreed with Attorney Dion’s arguments and reversed a foreclosure that occurred nearly 5 years ago in the now leading case of Cesar Woel v Christiana Trust and Selene Finance. Attorney Dion has spearheaded the fight for homeowner rights against their mortgage companies in Rhode Island and Massachusetts for many years and is highly regarded as a leading attorney in the area of foreclosure defense. 

Webcast of Attorney Dion’s Oral Argument Before the Massachusetts SJC in Thompson v. JP Morgan Chase

View a webcast of Attorney Dion’s oral argument before the Massachusetts Supreme Judicial Court in the case of Thompson v. JP Morgan Chase. The case is based on an original theory and analysis of mortgage and foreclosure law that Attorney Dion initially won before the United States First Circuit Court of Appeals but was later certified to the Massachusetts Supreme Judicial Court since the decision called in question nearly every residential foreclosure that took place in the Commonwealth of Massachusetts since 2012. According to the First Circuit, the terms of the mortgage and the terms of the notice of default conflicted with each other and thus rendered the notices and the foreclosure void.

Attorney Dion Convinces R.I. Federal Court That a Failure to Conduct a Face-to-Face Meeting with a Homeowner Will Reverse a Foreclosure

On February 27, 2018 the United States District Court for the District of Rhode Island agreed with Attorney Dion's argument that a failure to conduct a face-to-face meeting with a homeowner prior to a foreclosure will render a foreclosure null and void if the homeowner has an FHA insured mortgage. View the details of the case here. If you have an FHA insured mortgage in Rhode Island or Massachusetts and are falling behind on your mortgage, facing foreclosure or have already been foreclosed on Attorney Dion can help you. Call now.

Attorney Dion Successfully Surpasses Unlicensed Mortgage Servicer's Motion to Dismiss in Putative Class Action

On September 24, 2019 the United States District Court for the District of Rhode Island denied an unlicensed mortgage servicer's Motion to Dismiss Attorney Dion's class action lawsuit against Ocwen Loan Servicing. The class action alleged that foreclosures conducted by Ocwen are null and void because Ocwen did not have a third party servicing license in accordance with Rhode Island law and the Applicable Law provisions of the mortgage contracts. if you are having trouble with your mortgage servicer Attorney Dion can help you. 

Attorney Dion Successfully Defends Against Bank of America's Motion for Summary Judgment in Modification Contract Case

On March 6, 2018 the United States District Court for the District of Massachusetts agreed with Attorney Dion and denied Bank of America's Motion for Summary Judgment in the case of Zucker v. Bank of America. The case involved Bank of America's failure to provide a final modification contract and unfairly deny a final modification after the homeowner complied with all of the terms of his trial modification contract. Many times mortgage companies breach the terms of their own trial modification and final modification contracts and proceed with foreclosure in bad faith. Attorney Dion has successfully prevented this from happening for many of his clients including the homeowner in this case. If you have been denied a mortgage modification Attorney Dion can help you.