Tuesday, February 21, 2017
Gillies v. JPMorgan Chase Bank
Plaintiff homeowner filed this action, following several other similar actions, to prevent a trustee's sale based on alleged violations of the Homeowner's Bill of Rights, lack of the lender's standing to foreclose and various other theories. The court ruled in favor of the bank, applying the principal of res judicata. Interestingly, the court stated: "Nonpayment of the mortgage for approximately eight years while the borrower remains in possession is an egregious abuse. [The bank] argued, and the trial court agreed, that appellant is 'gaming the system'. The game is over."
Cal.App. 2nd Dist. (B272427) 1/24/17