• DYE CULIK PC | Consumer Protection Division

Foreclosure Stopped with Last-Minute Restraining Order by Culik Law

Culik Law obtained a restraining order this morning, January 4, 2012, preventing the foreclosure of a Massachusetts homeowner’s family home by the bank CCO Mortgage (a division of RBS Citizens, NA), just hours before a scheduled sale. The judge for the Norfolk Superior Court ordered the bank to “cancel the foreclosure sale.”

The complaint states that the homeowner was under review for a loan modification at the time the foreclosure was scheduled. Despite repeated requests, the bank had not stopped the sale.  The lawsuit was filed for violation of the covenant of good faith and fair dealing, negligence, and violation of Chapter 93A.

A copy of the restraining order is available here: Restraining Order (Jan. 4, 2012)

Note: After Culik Law filed the lawsuit, the homeowner was offered a loan modification under the federal Home Affordable Modification Program (HAMP).

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