| Borrowers v. Lender
Two sisters who owned a home in Pittsburg had been paying their mortgage on time for many years. However, the bank said that there was a shortage in their escrow account. Based on this, the bank erroneously reported to the credit reporting agencies that they were in default of their mortgage each month, which destroyed their excellent credit rating. We filed suit against the bank and negotiated a settlement that included payment for damages to our clients and reversal of the negative credit reports.
"My sister and I cannot express in words everything that the Muley Law Firm did for us. We retained the firm after getting nowhere with another firm for more than 5 years. Even though the other firm exhausted our statutory limits for our complaint which limited some of our negotiating advantages, Theresa still found valid complaints that were able to be filed on our behalf. Theresa Muley would not let the larger, more seasoned Financial Institution push her firm around or delay our lives any longer. Her firm was very professional and we are very happy with the outcome of the case. We received attorney costs back and most of all, our credit cleared up. It was a very stressful seven years in our lives which her firm was able to bring to a close and enable us to go on with our lives."
Suzette (Johnson) Crayton
Dispute between Residential Developer and First Time Homebuyers
The Muley Law Firm represented a family who had entered into a purchase agreement to buy a newly constructed home in Manteca from a residential developer. The purchase agreement contained a clause, which basically provided that if there is a "material disagreement" between the buyer and seller as to any matter affecting the property, then the seller may terminate the agreement. In this case, the seller and its real estate agent made certain representations about the lot size that were different than the true lot size. When the buyer questioned this, the developer used that as an excuse to terminate the agreement (probably in order to sell the property to another buyer for much more than our clients' purchase price). We filed suit, arguing that the termination clause was illegal. We recorded a "Lis Pendens" with the San Joaquin County Recorder's office, which created a cloud on the title. Without going to trial, the Muley Law Firm successfully negotiated a substantial payment to our clients for their damages.
Real Estate Ownership Dispute between Family Members
A home in San Mateo was purchased 20 years ago by three brothers and a sister. Because only two of the siblings could qualify for a mortgage, the title was taken in their names only. However, they did have an oral "family agreement" that the property would be shared equally between the siblings, with contributions towards the property being reimbursed. Over the years, the title was changed many times depending upon who qualified for financing and other reasons, but the family agreement never changed. At one point in time, the record title reflected only the names of one of the brothers and his wife. Many years after these two separated, the estranged wife claimed she was an owner of 100% of the property. We proved at trial that the family agreement governed the relationship of the parties and that the deeds were void and must be ignored. The court awarded our clients seventh-eighths of the million dollar home.
Homeowners vs. Construction Company Mechanic's Lien
Our clients were homeowners in Castro Valley who signed a contract to have their long driveway paved for $35,000. After paying the contractor in full, the contractor claimed that he was entitled to another $20,000 for additional asphalt, and recorded a mechanic's lien against our clients' property, thus preventing them from refinancing. The Court decided in favor of our homeowners, removed the mechanic's lien and awarded attorneys fees and costs to our clients against the construction company.
The above testimonials and endorsements do not constitute a guarantee, warranty or prediction regarding the outcome of your legal matter.
|