Majd v. Bank of America, N.A.
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION *]
1Opinion of the Court
Opinion
IKOLA, J.
— Plaintiff alleges defendants wrongfully foreclosed on his home. The court sustained a demurrer to the third amended complaint and entered a judgment of dismissal. On appeal, plaintiff contends the foreclosure was wrongful because irregularities in the securitization of his mortgage deprived defendants of authority to foreclose, and because the foreclosure occurred while the loan servicer was reviewing his loan for a modification under the Home Affordable Modification Program (HAMP). We agree with the latter contention and reverse as to plaintiff’s cause of action against the…
2Cases cited15 opinions
- Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.California Supreme Court · 1999
- Kwikset Corp. v. Superior CourtCalifornia Supreme Court · 2011
- Wigod v. Wells Fargo Bank, N.A.Court of Appeals for the Seventh Circuit · 2012
- Smith v. State Farm Mutual Automobile InsuranceCalifornia Court of Appeal · 2001
- Lueras v. BAC Home Loans Servicing, LPCalifornia Court of Appeal · 2013
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3Cited by16 opinions
- Copart, Inc. v. Sparta Consulting, Inc.District Court, E.D. California · 2018
- Haynish v. Bank of Am., N.A.District Court, N.D. California · 2018
- Ryan-Beedy v. Bank of N.Y. MellonDistrict Court, E.D. California · 2018
- Aliff v. Vervent, Inc.District Court, S.D. California · 2023
- Aliff v. Vervent, Inc.District Court, S.D. California · 2023
11 more not listed; retrieve them via the Exa API.