Legal Opinion
Arabia v. BAC Home Loans Servicing, L.P.
California Court of Appeal
Decided August 13, 2012No. D060923PublishedCited by 12 opinions
1Opinion of the Court
Opinion
HUFFMAN, Acting P. J.
In this case, we are asked to determine if Code of Civil Procedure1 section 725a prohibits a loan servicer from filing a judicial *466foreclosure action in its name. We conclude it does not so long as the right to foreclose has been assigned to the loan servicer.
James R. Arabia refinanced his home with a mortgage loan secured by a deed of trust recorded against his home. Arabia experienced financial difficulties and stopped making his mortgage payments. Nonjudicial foreclosure proceedings were commenced and suspended numerous times. Arabia brought suit against the loan…
2Cases cited29 opinions
- Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
- California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
- Saelzler v. Advanced Group 400California Supreme Court · 2001
- People v. WoodheadCalifornia Supreme Court · 1987
- Vons Companies, Inc. v. Seabest Foods, Inc.California Supreme Court · 1996
24 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Daniels v. Select Portfolio Servicing, Inc.California Court of Appeal · 2016
- Coker v. JPMorgan Chase Bank, N.A.California Supreme Court · 2016
- Multani v. Witkin & NealCalifornia Court of Appeal · 2013
- Avalanche Funding, LLC v. ArifDistrict Court, E.D. California · 2021
- Coker v. JP Morgan Chase BankCalifornia Court of Appeal · 2013
7 more not listed; retrieve them via the Exa API.