California Court of Appeal

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Bustos v. Wells Fargo Bank, N.A., 085657

Affirmed award of attorney fees to Plaintiff. In a nonjudicial foreclosure action, Wells Fargo foreclosed even though it was in the process of determining homeowner’s application for loan modification. Civil Code 2923.6 prohibits such dual track foreclosures and provides for injunctive relief where the borrower may be awarded attorney fees if injunctive relief is obtained. Here, Plaintiff obtained injunctive relief and was awarded attorney fees by the trial court.

Appellate Information

  • Decided
  • Published 2019/08/28

Judges

  • Butz

Court

  • California Court of Appeal

Counsel