Court Cases
October 16, 2012
FORECLOSURE
Ragland v. U.S. Bank (PDF)
The court overruled the trial court's order sustaining the bank's motion for summary judgment, holding that:
- Plaintiff raised a triable issue of fact as to whether the bank's representative told her not to make a payment. Plaintiff's failure to tender the amount due does not preclude her from raising this issue because the amount claimed by the bank includes late charges and other charges that would not have been incurred if plaintiff had continued to make payments.
- Civil Code section 2924g(d), prohibiting a trustee's sale from being conducted prior to the seventh day after an injunction is terminated, creates a private right of action and is not preempted by federal law.
NOTE: Plaintiff conceded that her cause of action for rescission of the trustee's deed was no longer viable because the property was resold to a bona fide purchaser for value.
Cal.App. 4th Dist., Div. 3 (G045580) 9/11/12
