Cal. Appeals Ct Steps Forward for Homeowners

Decision issued June 2, 2010:

Mabry decison on appeal california case Yeah for us!!

I’ll add to this comment later, but I wanted you all to see that one step at a time, the noose is tightening for these “Pretender Lenders.” While the issue was whether contact had been made as required by California statue, the statement from the Court that “someone is lying” is going to be repeated over and over again.

This time, on appeal, there was no presumption that it was the borrower who was lying, wrong or otherwise a loser.

It was presumed that the would-be forecloser had duties set forth by statute and that if they wanted to foreclose, they had to comply with the statute and that each individual homeowner does in fact have a private right of action for public policy statutes unless the legislature specifically excludes such right. This is HUGE when applied to TILA and RESPA and Qualified Written Requests.

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