No Lawyer. No Law.
December 8, 2009
Redeeming the Touch of Justice That Brought Each of us to the Bar
By Howard B. Miller
President, State Bar of California
Unfortunately the colloquial meaning of pro bono has become legal services for free, at no cost. But the proper meaning and importance of the words is in the full Latin quote: for the public good.
Several almost simultaneous developments have brought us to a tipping point in the commitment of the legal profession to pro bono work, and in our understanding that it is for the public good.
No lawyer, no law
We were all caught unawares in the past year not only by the scope of the loan foreclosure crisis, but by the cracks and failures that it showed in our legal system. We know of too many cases where homeowners would have had legal defenses to foreclosure, but without lawyers in our California system of non-judicial foreclosure the result was a loss of homes. For over a century our legislature and courts have constructed an elaborate series of technicalities and protections for homeowners faced with foreclosure. But the existence of those protections made no difference to those who had no legal representation. It is as though all those laws did not exist, as though because there was no representation all the work and thought that went into those laws and protections had never been done.
Causes of Action
Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons:
- Incorrect interest rate adjustment
- Incorrect tax impound accounts
- Misapplied payments
- Forbearance agreement which was not adhered to by the servicer
- Unnecessary forced place insurance
- Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan
- Breach of contract
- Intentional infliction of emotional distress
- Negligent infliction of emotional distress
- Unfair Business Practices
- Quiet title
- Wrongful foreclosure
- Tortuous violation of 2924 2923.5 and 2923.5 and 2932.5
Injunction
