• DYE CULIK PC | Consumer Protection Division

Successful Day at Dye Culik PC, Counting Our Blessings

Updated: Jan 31

Although we are in court every week, I don’t always have time to post about our successes. But today was a particularly good day at Dye Culik PC (previously Culik Law PC) because we had good outcomes in two of our cases, so I thought I’d share them.

The first case was against Bank of America. We asked the judge for an injunction to stop a foreclosure scheduled for tomorrow. Due to the bank wrongfully refusing to accept payments, the lawsuit says, the loan went further and further behind. Finally, the bank scheduled a foreclosure. We filed our lawsuit last week, and the court scheduled a hearing for today — the day before the sale. The judge ordered Bank of America and its foreclosure attorneys to “desist and refrain from foreclosing,” and agreed with our request that no bond be required (sometimes the court will require the homeowner to post a bond, often in the thousands of dollars, before granting the injunction — but not this time).

The second case was against Wells Fargo. We filed a motion for a lis pendens, which is the legal term for a notice that we record in the registry of deeds to let potential buyers know that there’s a problem with the title. The homeowner’s house had been foreclosed on while under  before they came to us, while they were under consideration for a loan modification, and we wanted to make sure that the Wells Fargo couldn’t transfer the house to a third party before the case was resolved,. The court granted our motion, and we expect Wells Fargo to stop eviction proceedings. We have demanded that it rescind the foreclosure.

These are just a flavor of the kinds of things that we do every day at DYE CULIK PC. Tomorrow morning we have a pre-trial conference in a case involving auto fraud, and tomorrow afternoon we have a trial in a case where a debt collector is claiming to own a credit card account, but doesn’t have the paperwork to back it up. We’ll keep the blog updated with more information about what we’re working on.