California Court of Appeal

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Pfeifer v. Countrywide Home Loans, A133071

In a suit against a mortgage lender, after a nonjudicial foreclosure proceeding was commenced against plaintiffs' property, trial court's judgment in favor of the defendants is: 1) reversed as to the denial of plaintiffs' request for injunctive relief based on their wrongful foreclosure claim and their request for declaratory relief because a) the failure to allege tender of the full amount owed on the obligation does not bar the relief requested, and b) lenders have not yet foreclosed and plaintiffs have alleged that the lenders have not complied with the Department of Housing and Urban Development servicing regulations, which are conditions precedent to foreclosing; and 2) affirmed as to the ruling that plaintiffs do not have a claim for damages against a second defendant for violating the FDCPA, because the defendant is not a debt collector under the statute.

Appellate Information

  • Decided 12/13/2012
  • Published 12/13/2012

Judges

  • Lambden

Court

  • California Court of Appeal

Counsel