Plaintiff v. U.S. Bank, N.A.; Wells Fargo Bank, N.A.; First American Loanstar Trustee Services LLC; and First American Title Insurance Company

California Complaint for Wrongful Foreclosure, Promissory Estoppel, Quiet Title, Slander of Title, Violation of the Security First Rule and Rosenthal Act, Cancellation of Instruments

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This action arises out of the wrongful foreclosure of a residential property in Los Angeles County, California. As alleged, the securitized trust did not have standing to foreclose on the property because the promissory note and deed of trust were not assigned and transferred to the securitized trust before the closing date as required by the Pooling and Servicing Agreement ("PSA"). Additionally, it is also alleged that Well Fargo, the alleged servicer pursuant to the PSA,used deceptive tactics in foreclosing on the property while Plaintiff was making monthly payments under a trial loan modification agreement. Wells Fargo promised Plaintiff that it would not foreclose while Plaintiff's loan modification agreement was being considered and payments were made. As alleged, Defendants breached that promise by foreclosing anyway. In fact, Plaintiff further alleges that Defendants even automatically withdrew a payment from Plaintiff's bank account after the property had been foreclosed and the debt extinguished in violation of the FDCPA and Rosenthal Act. The factual scenario in this complaint is common in California. As a result of the Aceves v. U.S. Bank/Option One case, homeowners have a claim for promissory estoppel and fraud if their homes are foreclosed upon while being promised that they will not be by the lender or servicer. If this situation is similar to your, please feel free to contact me. Thank you.

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Published In: Bankruptcy Updates, Business Torts Updates, General Business Updates, Consumer Protection Updates, Residential Real Estate Updates

Reference Info:Pleadings | State, 9th Circuit, California | United States