Legal Opinion

Fontenot v. Wells Fargo Bank, N.A.

California Court of Appeal

Decided August 11, 2011No. A130478PublishedCited by 121 opinions

1Opinion of the Court

Opinion

MARGULIES, J.

Plaintiff Arlene Fontenot sued Wells Fargo Bank, N.A. (Wells Fargo), Mortgage Electronic Registration Systems, Inc. (MERS), and three other entities after she defaulted on a secured real estate loan and lost the property to foreclosure. In the fourth amended complaint, plaintiff alleged the foreclosure was unlawful because Wells Fargo had breached an agreement to forbear from foreclosure, and MERS made an invalid assignment of an interest in the promissory note relating to the property. Wells Fargo and MERS filed demurrers, based in part on recorded documents they…

2Cases cited43 opinions

  1. Schifando v. City of Los AngelesCalifornia Supreme Court · 2003
  2. Mangini v. R. J. Reynolds Tobacco Co.California Supreme Court · 1994
  3. Gomes v. Countrywide Home Loans, Inc.California Court of Appeal · 2011
  4. Moeller v. Chun-Yen LienCalifornia Court of Appeal · 1994
  5. Youngman v. Nevada Irrigation DistrictCalifornia Supreme Court · 1969

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3Cited by121 opinions

  1. Yvanova v. New Century Mortgage Corp.California Supreme Court · 2016
  2. Jenkins v. JPMorgan Chase Bank, N.A.California Court of Appeal · 2013
  3. Daniels v. Select Portfolio Servicing, Inc.California Court of Appeal · 2016
  4. Herrera v. Federal National Mortgage Ass'nCalifornia Court of Appeal · 2012
  5. Debrunner v. Deutsche Bank National Trust Co.California Court of Appeal · 2012

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