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California Court of Appeal

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Coker v. JP Morgan Chase Bank, D061720

The trial court erred in dismissing plaintiff's complaint for declaratory relief on the grounds that the anti-deficiency protections in Code of Civil Procedure section 580b only apply after a foreclosure, where: 1) the anti-deficiency protections in section 580b do apply to the short sale that defendant-lender approved here; and 2) there is no requirement in the statute that a foreclosure must occur to trigger its protections.

Appellate Information

  • Decided 07/23/2013
  • Published 07/23/2013

Judges

  • HUFFMAN

Court

  • California Court of Appeal

Counsel

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