Case Studies

Below are some arepresentative Case Studies.

The Bank of New York vs Borrower

Case Study I:
The Bank of New York does not exist and cannot legally foreclose on anyone.

Susan Gaddy entered the case at the last minute when the client had been in default for over a year and stopped the whole foreclosure of our client’s home because the bank (named-plaintiff) did not exist.  The Bank of New York has never existed. The Assignment designating “The Bank of New York” as the owner of the debt was wrong! 

The Gaddy Law Firm stopped a wrongful foreclosure entirely.

The Charges:

Borrower charged with defaulting on loan

The Verdict:

The owner of the debt was wrong

Southcoast Bank vs. Borrower

Case Study II:
Southcoast Bank Settlement

Southcoast Bank sued our clients for foreclosure after a “loan modification” before we represented them. When Southcoast Bank said our clients had no more rights to a loan modification, we responded with “no way.”  The agreement to change the loan terms was so harmful to our clients that we turned it around and used it against Southcoast Bank for problems associated with the origination of the loan.  We settled the case on very favorable terms for our clients.

The Issue:

Borrower facing loss of home

The Outcome:

Foreclosure dismissed

Dissolution of Business Partnership

Case Study III:
Dissolution of Business Partnership

Our clients had a small business in Mt Pleasant with partners who ran the business poorly and forced our clients out of managing it.  Our clients moved away from the area and relied on us to negotiate the sale of the business on their behalf.  We handled everything in their absence and successfully reached a settlement for dissolution of the partnership through a buyout.

The Issue:

Hostile dissolution of business for out-of-state partners.

The Outcome:

Successfully reached a settlement for dissolution of the partnership through a buyout.

Land Value Dispute

Case Study IV:
To Sue or Not to Sue

Our clients owned property in Beaufort County within an equity golf club and saw the value of their property evaporate while the cost of owning the lot escalated.  Through our legal research, we learned about an unfavorable Court opinion in Beaufort County in another case within days of the Court ruling. We advised our clients to save their money and not sue the developer or Board of Directors.  They decided to sell the land and move forward.

The Issue:

Is it worthwhile to pursue litigation?

The Outcome:

Legal research and evaluation saves money.

Limited Representation

Case Study V:
Limited Representation in Foreclosure Case

Bank of America sued Borrowers for foreclosure on a house after they moved out of state. Borrowers hired The Gaddy Law Firm on a flat-fee basis after time period to answer expired. They were not eligible for a loan modification because they did not occupy the house and they just wanted time to sell it themselves.

Numerous court hearings successfully postponed the final hearing through counsel. The Gaddy Law Firm helped these clients meet their objectives for a fixed sum cost in a limited representation. Having an attorney handle the bank law firm and go to court gave them much more time than had they ignored the foreclosure.

The Issue:

Clients sued for foreclosure. Retained counsel after time to answer expired.

The Outcome:

Gained 8 months’ time for clients to let them sell house with substantial equity. Attorney required bank to prove its case.