April 11, 2014
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
JEFFRY PENG et al.,
Plaintiffs and Appellants,
CHASE HOME FINANCE LLC et al.,
Defendants and Respondents.
(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
Wargo & French, Mark Block, Jeffrey N. Williams for Defendants and
Respondents JPMorgan Chase Bank, N.A. and Federal Home Loan Mortgage
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
Back to Letters from the Editor Archive
CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).
SEE BELOW- http://www.certifiedforensicloanauditors.com
Call us toll free at 888-758-2352