California Court of Appeal

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Gomes v. Countrywide Home Loans, Inc., D057005

In an suit regarding a home mortgage foreclosure, alleging "Wrongful Initiation of Foreclosure", defendant's demurrer was properly sustained without leave to amend where, by asserting a right to bring a court action to determine whether the owner of the promissory note has authorized its nominee to initiate the foreclosure process, plaintiff is attempting to interject the courts into a comprehensive nonjudicial scheme, and plaintiff has identified no legal authority for such a lawsuit.

Appellate Information

  • Decided 02/18/2011
  • Published 02/18/2011

Judges

  • IRION

Court

  • California Court of Appeal

Counsel

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