Orcilla v. Big Sur, Inc.

244 Cal. App. 4th 982 (2016)

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Orcilla v. Big Sur, Inc.

California Court of Appeal
244 Cal. App. 4th 982 (2016)

Facts

In response to a mailing from a loan company, the Orcillas (plaintiffs) agreed to refinance their home. The Orcillas did not speak English as their first language, but the forms used in the refinancing were all preprinted forms in English. Mrs. Orcilla told the lender that the Orcillas made only $3,000 per month, but the lender assured her that they could afford the new loan payments. The new loan was a $525,000 adjustable-rate mortgage with payments that started at approximately $4200 per month. The Orcillas eventually defaulted on the loan. Under the terms of the refinance contract, the property was sold to Big Sur, Inc. in a trustee’s sale (defendant). The Orcillas moved to set aside the sale, arguing that the refinance contract was not enforceable because it was unconscionable. The case ended up before the California Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Premo, J.)

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