California Court of Appeal

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Bank of America v. Roberts, F064109

Summary judgment for plaintiff-bank in action seeking deficiency judgment for balance due on defendant's home equity loan following a short sale in which plaintiff received a partial payment for release of its lien only, is affirmed, where: 1) plaintiff met its burden in showing that a) defendant entered the home equity loan as a contractual obligation with plaintiff, b) plaintiff provided the loan, but defendant materially defaulted on her repayment obligation, c) said default by defendant resulted in specified damages to plaintiff, and d) it was undisputed that defendant agreed that, after the short sale was completed, she would remain obligated to repay the balance of her home equity loan to plaintiff; and 2) defendant failed to establish any defenses or show a triable issue of fact.

Appellate Information

  • Decided 07/17/2013
  • Published 07/17/2013

Judges

  • KANE

Court

  • California Court of Appeal

Counsel

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