Aceves v. U.S. Bank, N.A.
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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 725,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.