Tuesday, August 15, 2017
Crossroads Investors v. Federal National Mortgage Association (On Remand)
Cal.App. 3rd Dist. (C072585) 7/26/17
The court reversed the trial court's denial of Fannie Mae's anti-SLAPP motion (C.C.P. 425.16) in this wrongful foreclosure action, because the actions on which Crossroads based its complaint arose from the exercise of Fannie Mae's constitutional rights of speech and petition; specifically, statements and omissions made in, or concerning issues under review in, Crossroad's bankruptcy action. However, the court held that allegations relating to Fannie Mae's alleged breach of an oral agreement to provide notice of the foreclosure sale were not constitutionally protected, and it remanded the case for that issue to be decided in the trial court.