California Court of Appeal

In a suit alleging that defendants wrongfully foreclosed on his home, the trial court's judgment sustaining a demurrer to the third amended complaint and dismissal are: 1) reversed as to plaintiff's fifth cause of action against Bank of America for violation of Business and Professions Code section 17200 et seq. (UCL), where the foreclosure occurred while the loan servicer was reviewing his loan for a modification under the Home Affordable Modification Program (HAMP); 2) reversed as to the order denying leave to amend as to plaintiff's causes of action for wrongful foreclosure and cancellation of the notice of sale and the trustee's deed upon sale; but 3) affirmed in all other respects.

Appellate Information

• Published 2016/01/14

Judges

• IKOLA

Court

• California Court of Appeal

Counsel