Charles Richard Perry. There is no statute or case in California saying that a plaintiff who prevails in a fraud action is presumptively entitled to an award of attorney’s fees. Absent a specific statute covering one of the causes of action in your complaint, or a contract saying the prevailing party is entitled to fees,
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Significant damage awards in other mortgage fraud cases around the country have been based on emotional distress damages. See, e.g ., Hoffman v. Stamper , 867 A.2d 276, 298 (Md. 2005) (overturning uniform emotional distress awards of $145,000 each absent proof of physical manifestation); Vasquez-Lopez v.
In September 2016, a lawsuit was filed against Nationstar Mortgage, a mortgage-servicing company, alleging the company refused the payments of a homeowner, then charged thousands of dollars in fees for property inspections and disbursement insurance.
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In some cases, the attorney fees are more than the damages. In a fairly recent case, the New Jersey Appellate Division ruled that even where the party fails to establish any damages at trial due to the claim of consumer fraud, the party is still entitled to attorney fees. Thus, a party could have zero dollars in damages and still be awarded $100,000 in attorney fees.SeePerez v. Professionally Green, LLC, 2011 N.J. Super. Unpub. LEXIS 2588 (unpublished) (awarding attorney fees after plaintiff.
Homeowners Win Lawsuit Over Fraudulent Foreclosure But May Still Lose House Image courtesy of ( Sarah McGowen ) 11.1.12 12:15 PM EDT By Chris Morran @themorrancave
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An attorney experienced in consumer protection matters can write demand letters on your behalf, and file a lawsuit against the fraudulent company if necessary. If your company is being accused or sued for consumer protection or fraud, you should speak to a lawyer immediately to explain your legal rights and potential remedies.
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for an award of attorney fees. Although the statutes generally require that the designated party simply prevail in order to be eligible for attorney fees, occasionally there is an additional requirement. For example, in some cases the winner may only recover attorney fees if the loser acted in bad faith in bringing or defending the action.