Experienced Real Estate And Business Attorney

Why not to do business with a lawyer — Court states a lawyer was gaming the system, go figure

On Behalf of | Feb 16, 2017 | Uncategorized |

A homeowner who is an attorney accused a bank of violating Civil Code § 2923.6, subdivision (c) by  foreclosing while his loan modification application was pending. The attorney did not pay his mortgage for eight years. The attorney sued the bank, and the bank’s demurrer was sustained without leave to amend. The Court of Appeal affirmed and stated:  “A person who borrows money from a bank to purchase or refinance a home has a reasonable expectation that the bank will fund the loan. The bank has a reasonable expectation that monthly mortgage payments will be made. Here, appellant’s reasonable expectations were met. The bank’s were not. Nonpayment of the mortgage for approximately eight years while the borrower remains in possession is an egregious abuse. Respondent argued, and the trial court agreed, that appellant is ‘gaming the system.’ The game is over.” (Gillies v. JPMorgan Chase Bank, N.A. (Cal. App. 2nd Dist., Div. 6, Jan. 24, 2017) 2017 Cal. App. LEXIS 47.) http://www.courts.ca.gov/opinions/documents/B272427.DOC