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Homeowner alleges property was unlawfully sold

NORTHERN CALIFORNIA RECORD

Saturday, November 23, 2024

Homeowner alleges property was unlawfully sold

Forsale

SAN FRANCISCO – An Alameda County woman is suing multiple financing institutions alleging that they unlawfully sold her property.

Wafaa Almahamid-Dickey filed a complaint on March 15 in the U.S. District Court for the Northern District of California against U.S. Bank NA, Specialized Loan Servicing LLC, Barrett Daffin Frappier Treder & Weiss LLP and Does 1-50, citing fraud, negligent misrepresentation and unfair competition.

According to the complaint, the plaintiff alleges that her property was sold at an unlawful trustee's sale in February while she was still waiting for the results of her loan modification application. The suit states that she was advised multiple times that the property's sale had been postponed. The plaintiff holds the defendants responsible because they allegedly did not notify her about the Feb. 11 sale date. She states that had she known of the date, she would have pursued other foreclosure alternatives.

The plaintiff seeks the following: compensation for all damages, a temporary restraining order preventing the property to be sold or transferred to a third party, an injunction preventing her from being evicted from the property, all legal fees and any other relief as this court deems just and proper. She is represented by Matthew Mellen and Eunji Cho of The Mellen Law Firm in San Mateo.

U.S. District Court for the Northern District of California Case number 3:16-cv-01274-LB

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