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California Court of Appeal


Arabia v. Bac Home Loans Servicing, L.P., D060923

In a homeowner's suit against a loan servicer for claims arising out of a nonjudicial foreclosure attempts, trial court's grant of loan servicer's motion for summary judgment on the judicial foreclosure cross-complaint and entry of a decree authorizing foreclosure is affirmed, as Code of Civil Procedure section 725(a) does not prohibit a loan servicer from initiating a judicial foreclosure action in its name, so long as the right to foreclose has been assigned to the loan servicer.

Appellate Information

  • Decided 08/13/2012
  • Published 08/13/2012

Judges

  • Huffman

Court

  • California Court of Appeal

Counsel

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