Herrera Decision Goes Public: It's Official

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EDITOR’S NOTE: Courts are getting increasingly bold. The Herrera Decision had broad application in favor of borrowers but was initially announced as “not for publication” which is another way of saying that the decision is not binding on the courts below. Now it is binding.

Filed 5/31/11; partial pub. cert. & mod. 6/28/11 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(El Dorado)
ROBERT HERRERA et al.,
Plaintiffs and Appellants,
v.
DEUTSCHE[1] BANK NATIONAL TRUST COMPANY et al.,
Defendants and Respondents.

C065630
(Super. Ct. No. SC20090170)

The opinion in the above-entitled matter filed on May 31,
2011, was not certified for publication in the Official Reports.
For good cause it now appears that the opinion should be
partially published in the Official Reports and it is so
ordered.

Tags: bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND
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