California Court of Appeals
120 Cal.Rptr.3d 507 (2011)
Claudia Aceves (plaintiff) obtained a home loan from Option One Mortgage Corporation (Option One) secured by a deed of trust on the residence. Thereafter, Aceves’ loan was transferred to U.S. Bank, N.A. (U.S. Bank) (defendant). Aceves could no longer afford the monthly mortgage payments and U.S. Bank sought to foreclose on the property. Aceves then filed for bankruptcy under Chapter 7 which imposed an automatic stay on the foreclosure proceedings. After speaking with a U.S. Bank representative who informed her that the bank would work with her on a mortgage reinstatement and modification, Aceves considered converting the Chapter 7 bankruptcy into a Chapter 13 bankruptcy which allowed her to keep the residence and pay the owed amount over a period of time. However, U.S. Bank persuaded Aceves to forgo bankruptcy altogether so that it could proceed with a loan modification. After the automatic stay was lifted U.S. Bank scheduled Aceves’ home for public auction. Around the same time, a loan servicer, on behalf of U.S. Bank, mailed documents to Aceves for her to complete in order to proceed with a mortgage modification. The day before the public auction, a “negotiator” proposed a monthly mortgage payment that nearly doubled what Aceves was previously paying. Aceves rejected the offer. Aceves’ home was sold at auction and she was required to vacate the premises. Aceves filed suit against U.S. Bank for quiet title, slander of title, fraud, promissory estoppel, and declaratory relief. Aceves also sought to set aside the trustee’s sale of the property and void the trustee’s deed of her property to U.S. Bank. U.S. Bank filed a motion to dismiss Aceves’ complaint in its entirety which was granted by the trial court. Aceves appealed.
Rule of Law
Holding and Reasoning (Mallano, J.)
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