Justia Banking Opinion SummariesArticles Posted in California Courts of Appeal
Adams v. Bank of America
In 2006, Adams obtained a loan secured by a deed of trust against Vallejo residential property. Adams obtained a loan from an individual, Gallegos, secured by a separate deed of trust recorded against the same property. Adams defaulted on the junior loan, resulting in foreclosure and a trustee’s sale in 2008. Gallegos was the purchaser. The property was still subject to the senior loan; Adams remained the "Borrower,” named on the deed of trust. In 2017, Adams filed for chapter 7 bankruptcy. After her discharge, Adams filed a complaint, alleging “Violations of the Homeowners’ Bill of Rights” (HBOR), based on her 2016-2017 negotiations for a loan modification. She claimed that the defendants recorded notices of default and of trustee’s sale on the senior loan and failed to provide her with a single point of contact while her application was pending. The court granted the defendants judgment on the pleadings.The court of appeal reversed. While the complaint failed to allege facts sufficient to state a cause of action under the HBOR the trial court abused its discretion when it denied Adams leave to amend. The facts alleged in the complaint together with matters that are subject to judicial notice do not establish that the property is Adams’s principal residence as required under HBOR but there is a reasonable possibility that amendment of the complaint would cure this defect. View "Adams v. Bank of America" on Justia Law
Martinez v. San Diego County Credit Union
Abelardo Martinez, who was blind, brought an action against San Diego County Credit Union (Credit Union) claiming its website was incompatible with software permitting him to read website content. He alleged this defect denied him equal access to, and full enjoyment of, the Credit Union's website and its physical locations. Martinez asserted a single cause of action under the Unruh Civil Rights Act based on two alternate theories: (1) Credit Union's website violated the American Disabilities Act (ADA); and (2) Credit Union's actions constituted intentional discrimination prohibited by the Unruh Civil Rights Act. On the day scheduled for jury selection, the court dismissed the action on its own motion based on its understanding Martinez was intending to pursue only the ADA theory, and the court's finding Martinez had not sufficiently alleged Credit Union's website constitutes a "public accommodation" within the meaning of the ADA (although the court characterized its ruling as a nonsuit, the parties agree it was a conclusion based solely on Martinez's pleadings). Martinez appealed. The Court of Appeal found the trial court erred in dismissing the action at the pleadings stage based on the ADA's public-accommodation element: a disabled plaintiff can state a viable ADA claim for alleged unequal access to a private entity's website if there is a sufficient nexus between the claimed barriers and the plaintiff's ability to use or enjoy the goods and services offered at the defendant's physical facilities. Under this standard, the Court found Martinez alleged a sufficient nexus to state an ADA violation. The Court rejected the Credit Union's alternate argument that the dismissal was proper because the United States Congress has not enacted specific website accessibility standards. View "Martinez v. San Diego County Credit Union" on Justia Law
Zieve, Brodnax & Steele, LLP v. Dhindsa
The owner of the unencumbered 25 percent interest in the real property is entitled to a proportionate share of surplus proceeds. The Court of Appeal's conclusion is based on Caito v. United California Bank (1978) 20 Cal.3d 694. The court held that the 1990 enactment of Civil Code section 2924k did not change the principles set forth in Caito.Applying this principle about the rights of junior lienors to the undisputed facts of this case, the court held that the creditor holding the second deed of trust encumbering an undivided 75 percent interest in the real property was entitled only to a 75 percent share of the surplus funds. The court held that the remaining 25 percent must be distributed to the person who owned the interest that was not encumbered by the second deed of trust. Accordingly, the court reversed the trial court's judgment. View "Zieve, Brodnax & Steele, LLP v. Dhindsa" on Justia Law
Kurtz-Ahlers, LLC v. Bank of America N.A.
Freelance bookkeeper Elizabeth Mulder perpetrated a nearly five-year fraud against her client, plaintiff Kurtz-Ahlers. Both Kurtz-Ahlers and Mulder coincidentally had their checking accounts at defendant Bank of America (the Bank). Mulder ran her scam through her account at the Bank. After discovering the fraud, Kurtz-Ahlers notified the Bank and made a claim for its losses. The Bank denied the claim and Kurtz-Ahlers sued the Bank for negligence. After a two-week jury trial, the trial court granted the Bank’s motion for nonsuit, essentially holding the Bank owed Kurtz-Ahlers no duty to investigate or monitor Mulder’s account. Finding no reversible error in that conclusion, the Court of Appeal affirmed. View "Kurtz-Ahlers, LLC v. Bank of America N.A." on Justia Law
Huang v. Wells Fargo Bank, N.A.
In 2000, the Fasslers obtained a Wells Fargo (WF) home equity line of credit (HELOC), secured by a deed of trust (DOT). In 2003, they secured a $530,000 World Savings home loan, then obtained another WF HELOC. In 2004, they refinanced, using a $682,500 Countrywide Loan (secured by a DOT) to pay off World Savings and eliminate the HELOC balances. WF never issued any reconveyance of its DOTs. In 2005-2008, the Fasslers drew upon both HELOCs; as of 2016, the outstanding balances totaled over $224,000. In 2007, they refinanced the Countrywide Loan with a $1 million WaMu loan They defaulted. WaMu foreclosed. In 2008, LaSalle obtained title at a nonjudicial foreclosure auction. The following month, WF recorded a notice of default and election to sell under its DOT. The Huangs purchased the property from LaSalle in February 2009. In August 2009, WF recorded its notice of trustee’s sale. The Huangs received the notice when it was posted on their door.The Huangs' suit to quiet title was rejected as time-barred because, more than three years before they filed suit, they were aware of a recorded notice of trustee’s sale. The court of appeal reversed, finding that the notice of sale did not disturb or otherwise interfere with the Huangs’ possession sufficiently to start the running of the limitations period. After receiving the notice of sale, the Huangs provided it to their title insurer. The trustee’s sale did not take place as scheduled; the Huangs heard nothing substantive about the matter for years, while they continuously lived in the home. View "Huang v. Wells Fargo Bank, N.A." on Justia Law
Weimer v. Nationstar Mortgage, LLC
Plaintiff Robert Weimer, Jr., purchased real property in Carnelian Bay in 1993. He refinanced the mortgage in 2006 with a loan from defendant Bank of America, N.A. (BANA). After defaulting, plaintiff entered into a loan modification process with BANA. Subsequently, loan servicing was transferred, successively, to defendants Specialized Loan Servicing, LLC (SLS) and Nationstar Mortgage, LLC (Nationstar). According to plaintiff, BANA, SLS, and Nationstar successively each engaged in deliberate and negligent misconduct in the loan modification process. In 2014, BANA transferred beneficial interest in the loan to defendant U.S. Bank, N. A. (U.S. Bank), as trustee for the Certificateholders of Banc of America Funding Corporation Mortgage Pass Through Certificates Series 2007-7. Eventually, Nationstar, acting as U.S. Bank’s agent, recorded a notice of trustee’s sale and had an agent enter onto the property and change the locks. After plaintiff commenced this action, BANA, U.S. Bank, and Nationstar demurred to a first amended complaint. The trial court sustained the demurrer without leave to amend as to BANA, concluding that the action against it was time-barred. As to the other defendants, the court sustained the demurrer with leave to amend. Plaintiff filed a second amended complaint, asserting intentional and negligent misrepresentation, negligence, trespass to land, seeking declaratory relief, and asserting violations of the unfair competition law. U.S. Bank and Nationstar demurred, SLS separately demurred, and the trial court sustained the demurrers without leave to amend. On appeal, plaintiff contended the trial court erred in concluding that the action against BANA was time-barred because BANA’s actions were part of a civil conspiracy with the other defendants, and the timeliness of plaintiff’s action against BANA must be measured from the last overt act. Plaintiff further asserted the trial court erred in sustaining the demurrers to the second amended complaint because he sufficiently stated each cause of action. Furthermore, plaintiff asserted the trial court should have granted him leave to amend, however, he largely contended his complaint required no amendment. In the unpublished portion of its opinion, the Court of Appeal concluded that the action as asserted against BANA was indeed time-barred. The Court further concluded plaintiff sufficiently stated causes of action sounding in intentional and negligent misrepresentation and violations of the unfair competition law against the remaining defendants. In the published portion of its opinion, the Court concluded the remaining defendants had a duty of care and that plaintiff sufficiently stated a cause of action for negligence against them. Therefore, the Court reversed the judgments of dismissal as to U.S. Bank, SLS, and Nationstar and reversed the orders sustaining the demurrers as to the causes of action in the second amended complaint for intentional misrepresentation, negligent misrepresentation, negligence, and violations of the unfair competition law. In all other respects, the judgments were affirmed. View "Weimer v. Nationstar Mortgage, LLC" on Justia Law
Williams v. 21st Mortgage Corp.
Plaintiff alleges she bought her Richmond home in 1973, refinanced her mortgage in 2005, and unsuccessfully applied for a loan modification in 2015. Plaintiff was not allowed to make payments in the interim and owed $20,000 in arrears. Plaintiff sought Chapter 13 bankruptcy relief. She was required to make monthly payments to cover her pre-petition mortgage arrears plus her regular monthly mortgage payments. Plaintiff failed to make her regular October 2016 mortgage payment. Defendant sought relief from the automatic bankruptcy stay. The bankruptcy court approved an agreement that she would pay the October and November payments over a period beginning in January 2017. Plaintiff claims defendant violated that agreement, that her attempts to make those payments failed, and that she was unable to contact the defendant’s “single point of contact” for foreclosure avoidance (Civil Code 2923.7) Defendant obtained relief from the bankruptcy stay and would not accept the January 2017 payment. At the time of the bankruptcy sale, plaintiff’s home was worth approximately $550,000; defendant sold the home for $403,000.The court of appeal reversed the dismissal of plaintiff’s claim that she should have been able to avoid foreclosure by tendering the amount in default (Civ. Code 2924c) and that it was unlawful for defendant also to demand payment on amounts subject to a confirmed bankruptcy plan and reversed the dismissal of the section 2923.7 claim but upheld the dismissal of breach of contract, negligence, and elder abuse claims. View "Williams v. 21st Mortgage Corp." on Justia Law
Taniguchi v. Restoration Homes LLC
If the principal secured by a mortgage or deed of trust becomes due because of the borrower’s default in making payments Civil Code 2924c allows the borrower to reinstate the loan and avoid foreclosure by paying the amount in default, plus specified fees and expenses. Under section 2953, the right of reinstatement cannot be waived in any agreement “at the time of or in connection with the making of or renewing of any loan secured by a deed of trust, mortgage or other instrument creating a lien on real property.” The borrowers missed four monthly payments on a mortgage loan that had been modified after an earlier default. The modification deferred amounts due on the original loan and provided that any default would allow the lender to void the modification and enforce the original loan. The borrowers sought to reinstate the modified loan by paying the four missed payments, plus fees and expenses. The lender argued that section 2953 does not apply to the modified loan and that the borrowers may reinstate the original loan by paying the amount of the earlier default on the original loan plus the missed modified payments.The court of appeal ruled in favor of the borrowers. Modification is appropriately viewed as the making or renewal of a loan secured by a deed of trust and is subject to the anti-waiver provisions. Section 2924c gives the borrows the opportunity to cure their precipitating default (the missed modified monthly payments) by making up those missed payments and paying the associated late charges and fees, to avoid the consequences of default on the modified loan. View "Taniguchi v. Restoration Homes LLC" on Justia Law
Prima Donna Development Corp. v. Wells Fargo Bank, N.A.
Prima Donna’s president, opened commercial bank accounts at Wells Fargo; he signed or agreed to be bound by several agreements, including wire transfer agreements. The commercial account agreement contained an arbitration agreement. A Prima employee was the victim of fraud and authorized wire transfers to foreign banks. Before Prima reported the fraud, $638,400 had been transferred and could not be recovered. Prima sued, alleging that Wells Fargo did not employ reasonable commercial standards of fair dealing and failed to follow the agreement's security procedures. The court ordered arbitration, stating “The fact that UCC provisions displace common law provisions and provide the law under which claims are analyzed" is unrelated to what type of fact-finder can apply that law. The arbitrator concluded that Wells Fargo was not liable for the loss. The court of appeal concluded the trial court properly ordered the matter to arbitration and confirmed the award. The court rejected arguments that the arbitration agreement was substantively unconscionable because the arbitrator would not necessarily decide the dispute under California law, because it denied Prima its right to a jury trial, or because of the limited nature of judicial review. The arbitration process allowed for discovery, an arbitrator who voluntarily recused himself after Prima expressed concern about his impartiality, a multi-day hearing, written discovery, evidentiary rulings, and a reasoned, written award that applied relevant California law, View "Prima Donna Development Corp. v. Wells Fargo Bank, N.A." on Justia Law
Myles v. Pennymac Loan Services, LLC
Plaintiff filed suit against Pennymac and others for wrongful foreclosure, alleging that the assignment of his mortgage to Pennymac was invalid. The Court of Appeal affirmed the trial court's decision to sustain the defense demurrer because plaintiff failed to allege facts supporting his claim. In this case, plaintiff's complaint seemed to suggest that a borrower, by refusing to pay, can prevent a lender from assigning the debt. The court held that plaintiff failed to give a logical basis for this strange suggestion. Furthermore, plaintiff's remaining causes of action also failed. View "Myles v. Pennymac Loan Services, LLC" on Justia Law