California Court of Appeal
Bank of America, N.A. v. Mitchell, B233924
In an action by an assignee bank against a foreclosed homeowner to recover on a loan secured by a second deed of trust, the trial court's sustaining of a demurrer and its award of attorney's fees to the defendant are affirmed, where: 1) Code of Civil Procedure section 580d prohibited the bank's assignor, and thus the bank, from seeking a judgment for a deficiency on the note; and 2) the homeowner was a prevailing party entitled to attorney's fees, notwithstanding the bank's attempted dismissal of its case with prejudice.
Appellate Information
- Decided 04/10/2012
- Published 04/10/2012
Judges
- Suzukawa
Court
- California Court of Appeal
Counsel
- For Appellant:
- Bruce Dannemeyer, Ulric E. J. Usher