Logourl black
From our private database of 14,200+ case briefs...

Espinoza v. Bank of America, N.A.

United States District Court for the Southern District of California
823 F. Supp. 2d 1053 (2011)


Facts

Espinoza (plaintiff) owned property subject to multiple deeds of trust. Espinoza defaulted on two of the deeds of trust, including one owned by Bank of America (defendant). Bank of America commenced judicial foreclosure proceedings. In October 2009, Espinoza signed a short sale agreement with a third party. Bank of America approved the short sale, which closed on March 25, 2010. Upon the short sale, Bank of America released its lien on the property but stated in the reconveyance deed it only released the lien on the property and that Espinoza still owed the underlying debt. Bank of America demanded repayment of the loan. Espinoza filed suit in San Diego Superior Court claiming that California’s anti-deficiency statute prohibited Bank of America from collecting the deficiency resulting from the short sale. Effective January 1, 2011, California amended its anti-deficiency statute to make it applicable to short sales. Bank of America removed the case to the United States District Court for the Southern District of California and filed a motion to dismiss.

Rule of Law

Issue

Holding and Reasoning (Gonzalez, C.J.)

What to do next…

  1. 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. 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. Read more about Quimbee.

Here's why 251,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 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.