Legal Opinion
Daniels v. Select Portfolio Servicing, Inc.
California Court of Appeal
Decided April 26, 2016No. H040487; H040990PublishedCited by 81 opinions
1Opinion of the Court
Opinion
WALSH, J. * —
Appellants Julia and Andre Daniels obtained a $650,000 adjustable rate loan secured by a deed of trust on their Santa Cruz residence. When their interest rate adjusted upward, they struggled to make their loan payments. Appellants spent years in unsuccessful attempts to obtain a loan modification from their then-loan servicer, Bank of America, N.A. (BofA). In the process, they fell behind on their loan payments, allegedly at the behest of BofA.
Appellants sued BofA and several other entities to prevent a nonjudicial foreclosure sale of their home and to collect monetary…
2Cases cited76 opinions
- Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
- Kwikset Corp. v. Superior CourtCalifornia Supreme Court · 2011
- Wigod v. Wells Fargo Bank, N.A.Court of Appeals for the Seventh Circuit · 2012
- Biakanja v. IrvingCalifornia Supreme Court · 1958
- Applied Equipment Corp. v. Litton Saudi Arabia Ltd.California Supreme Court · 1994
71 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Marroquin v. Pfizer, Inc.District Court, E.D. California · 2019
- Pga W. Residential Ass'n, Inc. v. Hulven Int'l, Inc., California Court of Appeal, 5th District2017
- Thompson v. IoaneCalifornia Court of Appeal · 2017
- Sierra Palms Homeowners Ass'n v. Metro Gold Line Foothill Extension Constr. Auth., California Court of Appeal, 5th District2018
- City of Grass Valley v. Cohen, California Court of Appeal, 5th District2017
76 more not listed; retrieve them via the Exa API.