Judge Compares Bank of America Foreclosure Behavior to Kafka


In case you missed this gem, this decision in Sundquist v. Bank of America, N.A. by a bankruptcy judge in California is a must read. The opening sentence is one of the best I’ve seen lately:

Franz Kafka lives.  This automatic stay violation reveals that he works at Bank of America.

The opinion details the foreclosure nightmare endured by this family, resulting in emotional distress, heart attack, suicide attempt and post-traumatic stress disorder.

Unfortunately, having litigated numerous cases for homeowners against their mortgage loan servicers, many of these facts are far too common.  I’m glad this judge shined a beam of light on this dark pathology that has become a commonplace practice affecting hundreds of thousands of Americans.

And this judge, unlike too many, was not afraid to call the bank on its abusive behavior, and awarded $45 million in punitive damages.

Above the Law had good take on it here.

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