SAN DIEGO, CALIFORNIA (LoanSafe.org) – Kaveh Khast, a San Diego man from the beautiful city of La Jolla has done what very few people have ever done and some only dream of.
He fought the banks and won!
A California federal judge granted granted his motion for a temporary restraining order blocking Washington Mutual (WAMU) and JP Morgan Chase from foreclosing on his home because they had misled him during the loan modification process into defaulting on his mortgage.
Khast claimed that a WAMU representative had instructed him to stop making his monthly loan payments so he could qualify for a modification. A bank rep confirmed receipt of the required loan mod paperwork, but did not contact the plaintiff as promised.
After learning that Chase bank had purchased WAMU and his mortgage, Khast contacted Chase, and was told to submit another application. All the while, he resumed making his monthly mortgage payments.
Shortly thereafter, the plaintiff was told that in order to qualify for a loan modification, he would have top be delinquent on his home loan. Because the bank told him to stop making his payments and to default on his loan, Gonzalez found that Khast was irreparably harmed and entitled to an order temporarily halting foreclosure proceedings.
If the sale of plaintiff’s property proceeds as scheduled, plaintiff will lose his home,” Gonzalez wrote. “Even if defendants were ultimately to prevail, a temporary restraining order will only force them to delay the sale of the property by a matter of days.”
- ORDER granting Plaintiff’s 1 Motion for TRO. Defendants are ordered to refrain from foreclosing upon and selling Plaintiff’s home until Court holds a hearing on whether a preliminary injunction should issue.
Plaintiff shall serve this Order upon Defendants . Defendants shall file a responsive pleading by 11/3/2010. Motion Hearing re Pla’s request for preliminary injunction set for 11/10/2010 03:00 PM in Courtroom 01 before Judge Irma E. Gonzalez. Clerk instructed to mail copies of this Order to J P Morgan Bank and Washington Mutual Bank. Signed by Judge Irma E. Gonzalez on 10/26/2010. (cc: Certified copy of this Order mailed to JP Morgan and Washington Mutual at address as listed in Order) (All non-registered users served via U.S. Mail Service)(jah). Modified on 10/26/2010 – Corrected spelling (jah).
Case Number: 3:2010cv02168
Filed: October 18, 2010
Court: California Southern District Court
Office: San Diego Office [ Court Info ]
County: San Diego
Presiding Judge: Irma E. Gonzalez
Referring Judge: Jan M. Adler
Nature of Suit: Real Property – Foreclosure
Jurisdiction: Federal Question
Jury Demanded By: Plaintiff