A partial appellate victory is a “win for all homeowners” after the court ordered the lender to substantiate more than $362,000 in fees tacked on the mortgage, according to the foreclosure defense attorney involved in the litigation.
The case involved servicer Bank of America on behalf of trustee Bank of New York Mellon and homeowners Iain and Natasha McMillan. Its damages hinged in part on whether it was legally sufficient for a bank witness to read from a proposed judgment she didn’t create in order to testify about charges added to a delinquent loan.
