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News & Press: Court Cases

Trustee's Sales

Tuesday, May 16, 2017  
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Berman v. HSBC Bank

Cal.App. 3rd Dist. (C081487)  4/11/17 (Cert. for pub. 5/3/17)

The court held that plaintiff stated a cause of action under Civil Code Section 2924.12 to enjoin a trustee's sale. Under that section, one of the grounds for an injunction is to enjoin a violation of Section 2924.6, which provides for a 30-day appeal period after a borrower's application for a loan modification is denied. Here the lender violated Section 2924.6 by sending a denial letter to plaintiff incorrectly informing him that he had only 15 days to appeal.

Docket


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