Predatory Lending and Elder Abuse: Busted Real Estate Dreams in the Golden Years

By
Services for Real Estate Pros with The Law Offices of Steven C. Vondran, P.C. CA#232337 AZ#025911

YOU MAY QUALIFY FOR A FREE ATTORNEY LOAN REVIEW

 

Introduction:

 

Are you an elderly person in California who was placed in a predatory loan?  Can you no longer afford your loan or mortgage payments?  Is your ARM loan about to adjust?  Were you placed in a predatory negative amortization loan or OPTION ARM loan?  Were you mislead by your lender or broker?  Are you facing foreclosure of your property?  Were you 65 years of age or older when you got your last loan?  Were you asked to state your income?  Were you told what amount of income you needed to state?

 

If you feel any of the above questions relate to you, please contact us for a free initial consultation to discuss your loan situation.  We are an Arizona and California law firm that is standing up for the rights of the elderly in the mortgage loan process.  The State of California recognizes the concept of financial elder abuse.  There is legal precedent that supports challenging your lender on elder abuse grounds and seeking monetary damages where a valid cause of action exists.

 

The Law:

 

California Welfare & Institutions Code Section 15610.30

 

 

15610.30.  (a) "Financial abuse" of an elder or dependent adult

 

occurs when a person or entity does any of the following:

 

 

   (1) Takes, secretes, appropriates, obtains, or retains real or

 

personal property of an elder or dependent adult for a wrongful use

 

or with intent to defraud, or both.

 

 

   (2) Assists in taking, secreting, appropriating, obtaining, or

 

retaining real or personal property of an elder or dependent adult

 

for a wrongful use or with intent to defraud, or both.

 

 

   (3) Takes, secretes, appropriates, obtains, or retains, or assists

 

in taking, secreting, appropriating, obtaining, or retaining, real

 

or personal property of an elder or dependent adult by undue

 

influence, as defined in Section 1575 of the Civil Code.

 

 

   (b) A person or entity shall be deemed to have taken, secreted,

 

appropriated, obtained, or retained property for a wrongful use if,

 

among other things, the person or entity takes, secretes,

 

appropriates, obtains, or retains the property and the person or

 

entity knew or should have known that this conduct is likely to be

 

harmful to the elder or dependent adult.

 

 

   (c) For purposes of this section, a person or entity takes,

 

secretes, appropriates, obtains, or retains real or personal property

 

when an elder or dependent adult is deprived of any property right,

 

including by means of an agreement, donative transfer, or

 

testamentary bequest, regardless of whether the property is held

 

directly or by a representative of an elder or dependent adult.

 

 

   (d) For purposes of this section, "representative" means a person

 

or entity that is either of the following:

 

 

   (1) A conservator, trustee, or other representative of the estate

 

of an elder or dependent adult.

 

 

   (2) An attorney-in-fact of an elder or dependent adult who acts

 

within the authority of the power of attorney.

 

 

Case on Point

 

In Zimmer v. Nawabi, 566 F. Supp.2d 1025 (2008), a 79 year old woman sued her brokerage alleging, amongst other things, elder abuse.  The Court held that Broker's wrongful solicitation of a loan, and misrepresentations (false statements about the terms of refinance) constituted elder abuse. 

 

 

 

FREE LOAN FILE ANALYSIS

 

The Law Offices of Steven C. Vondran is seeking to identify predatory lending loan violations for California and Arizona homeowners.  Specifically, we are seeking to identify acts and practices that involve financial elder abuse as defined by the California Welfare & Institutions Code.

FREE LOAN ANALYSIS OFFER LIMITED TO SENIOR CITIZENS WHO MEET ALL OF THE FOLLOWING CRITERIA:

(1) You or your Co-borrower spouse were 65 years or older at the time of taking the loan application

(2) You were given an OPTION ARM loan program (where you are asked to pick a type of payment you will make)

(3) You can no longer afford your loan

(4) The Loan Closed within the three years of seeking the file review

(5) Property is Located in California

If you meet this criteria contact us for a free confidential consultation

 

(877) 276-5084

We are licensed to practice law in California and Arizona

 

California Clients

Address: 620 Newport Center Drive, Suite 1100, Newport Beach, CA 92660

Phone: (877) 276-5084

Fax: (949) 209-0358

Email: Steve@vondranlaw.com

    

Arizona Clients

Address: 2415 E. Camelback Road, Suite 700, Phoenix, Arizona 85016

Phone: (877) 276-5084

Fax: (602) 358-8013

Email: Steve@vondranlaw.com

 

Copyright 2009 Law Offices of Steven C. Vondran, P.C. All Rights Reserved.  This is an advertisement and communication pursuant to state bar rules.  Privacy Policy

Notice/Disclaimer /Contact Information:  The preceding information is general information only and not intended to serve as legal advice or a substitute for legal advice.  For specific legal questions please contact a qualified attorney licensed in your state to assist you.  There are no warranties or representations made that the following information is accurate, complete or up to date.  In addition, any emails sent to us are not confidential and do not create an attorney client relationship.  Please use your discretion before sending confidential information.  The Law Offices of Steven C. Vondran is operated by Attorney Steve Vondran.  Mr. Vondran is licensed to practice law in the States of Arizona and California and only seeks to solicit and serve Clients in these states.  This is an advertisement and communication pursuant to state bar rules.  There are no guarantees a loan audit will reveal any legal errors of compliance violations.  There are likewise no guarantees any lender or loan servicer will modify any loan.  Each loan, property, borrower, investor and servicer are different.  In addition, there are no representations made that Mr. Vondran will accept any litigation case following a loan audit and/or a demand letter to the lender. 

For more information about Mr. Vondran's law firm please visit

 


If you are a homeowner and are looking for an attorney or law firm to handle your loan modification request, please visit www.loanmodsolutions.net   Fill out the form and a representative of our firm will contact you promptly to discuss your situation.  We also have loan modification information available at www.AttorneyLoanAudit.com

For Brokers interested in loan modification seminars, please visit www.loanmodseminar.com .  The next seminar is scheduled for March 20th, 2009 in Long Beach, California.  There is also another  event scheduled in San Jose, California for March 27th, 2009.

Homeowners who believe they may have been a victim of loan modification fraud should visit www.ModScams.com.  To learn about the elder abuse free loan file review click here: www.SeniorCareAttorneys.com
 

Our Offices:

California: 620 Newport Center Drive, Suite 1100, Newport Beach, CA 92660

Arizona: 2415 E. Camelback Road, Suite 700, Phoenix, AZ 85016

Phone (877) 276-5084  Email:  Steve@VondranLaw.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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