Kalnoki v. First American Trustee Servicing Solutions, LLC

Home loan borrower failed to allege viable claims for fraud, violation of the UCL or Rosenthal Act, or wrongful foreclosure based on alleged late transfer of loan to a securitized trust or flaws in the nonjudicial foreclosure process.  Following Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, the same court that decided Herrera…

Gillies v. JP Morgan Chase Bank, N.A.

The dismissal of a borrower’s fourth foreclosure delay lawsuit is affirmed based on res judicata and a lack of merit in the borrower’s securitization arguments.  In a short, tartly worded opinion, the court affirms dismissal of a borrower/attorney’s fourth lawsuit trying to stall foreclosure of his defaulted home loan.  It holds plaintiff had no viable…

Sciarratta v. U.S. Bank, National Association

A borrower who alleges defects in the transfer of her mortgage loan which render it void, can sufficiently establish the prejudice element of her wrongful foreclosure claim simply by alleging that the foreclosure was carried out by a party having no right to do so.  A borrower who has standing to bring a wrongful foreclosure…