Legal Opinion
Hardie v. Nationstar Mortg. LLC
California Court of Appeal, 5th District
Decided February 27, 2019No. F075858PublishedCited by 2 opinions
1Opinion of the CourtSnauffer, J.
*718In this appeal, we are asked to determine whether a borrower who prevails in obtaining a temporary restraining order enjoining a non-judicial foreclosure sale on certain residential property is a "prevailing borrower" within the meaning of Civil Code section 2924.12, subdivision (h)1 for purposes of an award of attorney's fees. While we conclude attorney's fees are permitted in such circumstances, we conclude the fee request in this case was procedurally defective. Accordingly, we reverse the attorney's fee award and remand for further proceedings.
FACTUAL AND PROCEDURAL BACKGROUND
On June 5,…
2Cases cited10 opinions
- Yvanova v. New Century Mortgage Corp.California Supreme Court · 2016
- Lueras v. BAC Home Loans Servicing, LPCalifornia Court of Appeal · 2013
- Fontenot v. Wells Fargo Bank, N.A.California Court of Appeal · 2011
- Nolan v. City of AnaheimCalifornia Supreme Court · 2004
- Lopez v. Sony Electronics, Inc.California Supreme Court · 2018
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3Cited by2 opinions
- Bustos v. Wells Fargo Bank, N.A.California Court of Appeal · 2019
- Catlin Ins. Co. v. Danko Meredith Law FirmCalifornia Court of Appeal · 2022