California Court of Appeal
Lucioni v. Bank of America, N.A., 265722
In a suit brought by a borrower on a home loan against lending banks, seeking an injunction to prevent a foreclosure, the trial court's sustainment of the lenders' demurrers and entry of a judgment of dismissal are affirmed where: 1) the availability of injunctive relief under the 2013 Homeowner's Bill of Rights (HBOR) is governed exclusively by its two provisions--Civil Code sections 2924.12(a)(1) and 2924.19(a)(1)--in which the Legislature authorized the courts to interpose such relief into the nonjudicial foreclosure scheme; 2) neither provision authorizes a court to enjoin a violation of section 2924(a)(6); and thus, 3) no injunctive relief is available for a violation of that section.
Appellate Information
- Published 2016/09/07
Judges
- RAPHAEL
Court
- California Court of Appeal