JDSA at the U.S. Ninth Circuit Court


JDSA Law To Appear Before United States Ninth Circuit Court of appeals

JDSA is committed to Appellate Law. In coming months, experienced appellate attorneys with JDSA will be appearing on behalf of clients in the 9th Circuit Court of Appeals in San Francisco and Seattle. 

Of highlight:

In June 2017, Clay M. Gatens and H. Lee Lewis will present oral argument in Bess v. Ocwen Loan Servicing, Inc.  The Bess case alleges wrongdoing on the part of a lender who changed a homeowner’s locks and denied her entry to her home simply because she had fallen behind on her mortgage payments. The lender contends that it acted lawfully and in reliance on a provision in the borrower’s deed of trust that permits it to do whatever it deems necessary to protect its investment in the borrower’s home. 

The Federal District Court dismissed the borrower’s claims, holding that the borrower had no cause of action. 

The Bess case raises many of the issues presented by another JDSA caseZamora v. Nationstar Mortgage LLC, where JDSA attorneys won a resounding victory before the Washington State Supreme Court, which held that provisions in deeds of trust such as the one upon which the lender in Bess relies are unenforceable as violative of Washington law.  Because the Bess Court issued its decision prior to the Supreme Court’s holding in Zamora, Mr. Gatens and Mr. Lewis anticipate a positive result from the Ninth Circuit. 

More updates to follow during the coming months. 

Kirk Esmond