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CA Peng v. Chase - Unpublished but Good Dissenting Opinion

April 11, 2014

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
JEFFRY PENG et al.,
Plaintiffs and Appellants,

v.

CHASE HOME FINANCE LLC et al.,
Defendants and Respondents.
B245436
(Los Angeles County
Super. Ct. No. GC049568)

APPEAL from a judgment of the Superior Court of Los Angeles County.
Jan Pluim, Judge. Affirmed.

Philip E. Koebel; and Chris Ford for Plaintiffs and Appellants Jeffry Peng and
Grace Peng.

Wargo & French, Mark Block, Jeffrey N. Williams for Defendants and
Respondents JPMorgan Chase Bank, N.A. and Federal Home Loan Mortgage
Corporation.

Plaintiffs Jeffry and Grace Peng defaulted on a mortgage issued by JPMorgan Chase Bank, N.A. Chase initiated foreclosure proceedings and the Pengs brought suit against it, Chase Home Finance, LLC,1 and Federal Home Loan Mortgage Corporation (Freddie Mac) for wrongful foreclosure. The trial court sustained a demurrer to the Pengs’ complaint without leave to amend. On appeal, the Pengs contend Chase lacked standing to foreclose on the property because it sold the note to Freddie Mac shortly after the Pengs’ purchase. Based on these newly discovered facts, the Pengs assert they can amend the complaint to state a cause of action against the defendants. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In 2007, the Pengs purchased a home in Temple City. They took out a mortgage from Chase to finance the purchase. In 2010, Jeffry lost his job and the Pengs began to have trouble paying their mortgage. They attempted to get a loan modification or mortgage assistance from Chase with no success. Chase initiated foreclosure proceedings in February 2011. The Pengs, in pro per, brought suit on June 5, 2012, against Chase and Freddie Mac. They alleged four causes of action: wrongful foreclosure, breach of the implied duty of good faith and fair dealing, quiet title, and negligent misrepresentation. As to the wrongful foreclosure and quiet title causes of action, the Pengs asserted that the foreclosure was void as a result of Chase’s failure to abide by certain statutory requirements, including failing to post a notice of foreclosure sale on the door as required by Civil Code section 2924f and failing to postpone a foreclosure sale by mutual agreement under Civil Code section 2924g, subdivision (c)(1) while they were seeking the loan modification. The Pengs also alleged that when Jeffry asked Chase for mortgage assistance after he lost his job, Chase forced them to apply for loan modifications designed for employed people and for which they did not qualify.

Read more (PDF)

------------------------------------
Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

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