Certified Forensic Loan Auditors, LLC

 
  Upcoming Classes

CA Peng v. Chase - Unpublished but Good Dissenting Opinion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

 

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

Bookmark and Share
spacer
Facebook Like us on Facebook
Twitter Follow us on Twitter
YouTube View our YouTube Videos
LinkedIn Connect to us on Linkedin
 
BBB Logo

 

spacer
Contact us or view our Sample Documents & Audits by completing the form below.

  • Reload
  • Should be Empty:




 

DVD Sets Only $99

 

FREE Mortgage Fraud Analysis

 

Order Cutting-Edge Services Now

 

Quiet Title Packages from Licensed Attorneys

 

Affiliate Services

 

CFLA Sponsored Attorney Links

 

Take-Home Education Package