Legal Opinion
Chavez v. Indymac Mortgage Services
California Court of Appeal
Decided September 19, 2013No. D061997PublishedCited by 37 opinions
1Opinion of the Court
Opinion
McINTYRE, J.
In this case, a lender mailed a homeowner a loan modification agreement under the Home Affordable Modification Program (HAMP). The homeowner signed, returned and performed under the loan modification agreement. The lender, however, never mailed the homeowner a signed copy of the loan modification agreement. We conclude the homeowner sufficiently alleged equitable estoppel to preclude the lender’s reliance on the statute of frauds defense. We also conclude that the homeowner sufficiently alleged a cause of action for wrongful foreclosure. Accordingly, the judgment entered…
2Cases cited20 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Alcorn v. Anbro Engineering, Inc.California Supreme Court · 1970
- Moore v. Regents of University of CaliforniaCalifornia Supreme Court · 1990
- Driscoll v. City of Los AngelesCalifornia Supreme Court · 1967
- City of Atascadero v. Merill Lynch, Pierce, Fenner & Smith, Inc.California Court of Appeal · 1999
15 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Yvanova v. New Century Mortgage Corp.California Supreme Court · 2016
- Lueras v. BAC Home Loans Servicing, LPCalifornia Court of Appeal · 2013
- Robinson v. American Home Mortgage Servicing, Inc.Court of Appeals for the Ninth Circuit · 2014
- Turner v. Seterus, Inc., California Court of Appeal, 5th District2018
- Rufini v. CitiMortgage CA1/3California Court of Appeal · 2014
32 more not listed; retrieve them via the Exa API.