Tuesday, May 16, 2017
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.