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Real Property
Foreclosure
Oral Contract

Marvin Benson, Jerri Benson v. WMC Mortgage, Millennium Foreclosure Service

Published: Mar. 7, 2004 | Result Date: Oct. 13, 2002 |

Case number: LC053137 Verdict –  $0

Judge

Stanley M. Weisberg

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Joseph D. Davis
(Law Offices of Joseph D. Davis)


Defendant

John Clark Brown Jr.

J. Thomas Cairns Jr.


Facts

Plaintiffs Marvin Benson and Jeri Benson were homeowners who sued defendants WMC Mortgage, a mortgage loan servicer, and Millennium Foreclosure Service, a trustee. The plaintiffs contended that defendants failed to give the notices required by statute and breached an oral agreement to cancel a scheduled foreclosure sale. The defendants denied making any oral agreement and asserted compliance with all foreclosure statutes.

Damages

The plaintiffs sought damages of $270,000 for lost equity.

Injuries

The plaintiffs claimed injuries of emotional distress, amounting to $1 million.

Result

The jury returned a defense verdict.

Deliberation

1 hour and 40 minutes

Poll

12-0

Length

six days


#127187

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