Legal Opinion

Lona v. Citibank, N.A.

California Court of Appeal

Decided December 21, 2011No. H036140PublishedCited by 126 opinions

1Opinion of the Court

*95Opinion

WALSH, J.*

Responding to a mortgage broker’s “marketing enticement,” a homeowner agreed in January 2007 to refinance his home for $1.5 million. With a monthly income of only $3,333, the homeowner quickly fell behind in his monthly payments of $12,381.36. In August 2008, the home was sold at a nonjudicial foreclosure sale. The homeowner filed an action against the lender, the loan servicer, and others to set aside the trustee’s sale claiming that he was a victim of predatory lending. He claimed the transaction was invalid because the loan broker ignored his inability to repay the loan,…

2Cases cited37 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Guz v. Bechtel National, Inc.California Supreme Court · 2000
  3. Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
  4. Nwosu v. UbaCalifornia Court of Appeal · 2004
  5. Union Bank v. Superior CourtCalifornia Court of Appeal · 1995

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3Cited by126 opinions

  1. Lueras v. BAC Home Loans Servicing, LPCalifornia Court of Appeal · 2013
  2. West v. JPMorgan Chase BankCalifornia Court of Appeal · 2013
  3. Daniels v. Select Portfolio Servicing, Inc.California Court of Appeal · 2016
  4. Miles v. Deutsche Bank National Trust Co.California Court of Appeal · 2015
  5. Rockridge Trust v. Wells Fargo, N.A.District Court, N.D. California · 2013

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