I'm right back in the trenches. My attorney seems convinced that to stop the sale we need to enforce the settlement. I'm pointing out that the agreement isn't enforceable but void being procedurally and substantively unconscionable. It was an adhesion contract in which I had virtually no negotiating power. It was coercive as they were threatening to unlawfully foreclose. There was deceptive technical jargon making it appear advantageous when it in fact unjustly enriched the servicer. Actually, it fits the definition of extortion, a felony, and thus an unlawful contract.So how are you? Is your case/home issue resolved? Or still waiting for mod or in litigation?
More importantly, it didn't cure their failure to perform which the judge had ruled would make foreclosure wrongful. Because of their refusal to cure and other issues including the passage of time technically under Restatement of Contracts my performance has gone from being suspended to being discharged. In other words, the contract is terminated.
Yeah I know, it won't work out that way but it's ammo to negotiate something less egregious. Courts seem bound and determined to never give a homeowner a break.
As for how to figure damages l suppose it depends on what damage you sustained. In my I'm case I'm adding my time as lost income. I'm adding the difference between my payments and what they would have been if I hadn't been induced into foreclosure and could have then refinanced at a lower rate. Adding damaged credit. Emotional pain and suffering, attorney and court costs.