California Court of Appeal

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Chavez v. Indymac Mortgage Services, D061997

Judgment entered for defendant-lender in an action alleging breach of contract and wrongful foreclosure, is reversed and remanded, where: 1) plaintiff-homeowner sufficiently alleged equitable estoppel to preclude defendant-lender's reliance on the statute of frauds defense, because defendant-lender mailed plaintiff a loan modification agreement under the Home Affordable Mortgage Program (HAMP), homeowner signed, returned and performed under the loan modification agreement, and defendant-lender never mailed the homeowner a signed copy of the loan modification agreement; and 2) plaintiff sufficiently alleged a cause of action for wrongful foreclosure.

Appellate Information

  • Decided 09/19/2013
  • Published 09/19/2013

Judges

  • MCINTYRE

Court

  • California Court of Appeal

Counsel