July 2, 2014
Please see the case below sent by Charles Cox. Judge allowed violation of EFTA claim for unilaterally withdrawing $500 per month from homeowener's bank account without her pre-consent or pre-authorization to take the additional $500 for purported "future taxes". I believe the homeowner in this case should invoke Civil Code Section 726 (one form of action rule).
Because the lender grabbed cash first (before FORECLOSING) his remedy of foreclosure should be precluded under CC 726.
Please click on the case below and my research on Civil Code 726 (one form of action rule). It is clear!
Benedict v Wells Fargo Bank (PDF)
CCP 726 One Form Action Rule (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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