Certified Forensic Loan Auditors, LLC

  Upcoming Classes

Search CFLA's Article Archive:

Wells Wins in Second Circuit Court Appeal Boyce Loses Home in SB

justia.com | March 27, 2015

Court: California Court of Appeal
Docket: B255958
Opinion Date: March 23, 2015
Areas of Law: Banking, Civil Procedure, Real Estate & Property Law

The Boyces signed a $1.155 million promissory note payable to Pacific Mortgage, secured by a deed of trust on their Santa Barbara house. Pacific Mortgage endorsed the note to Option One, which endorsed the note in blank and put it in a mortgage investment pool, of which Wells Fargo was trustee. Pacific Mortgage assigned the deed of trust to Option One. The trust deed was later assigned to Wells Fargo. Boyces stopped making payments and filed an emergency bankruptcy petition to stay foreclosure. Wells Fargo moved for relief from the automatic stay. The bankruptcy court inspected the note and allonges; found a valid "chain of control and title of the note,” rejecting a claim that the assignment was invalid; and granted relief from the stay. The district court affirmed. Wells Fargo purchased the property at the trustee's sale and filed suit to evict the Boyces. The court rejected claims that the mortgage was invalid and that Wells Fargo did not perfect title and granted summary judgment for Wells Fargo, which sold the property. The Boyces filed claims for wrongful foreclosure, violation of the Unfair Practices Act (Bus. & Prof. Code, 17200), and quiet title. The court of appeal affirmed dismissal, citing res judicata and collateral estoppel.

Read more.



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



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

  • Reload
  • Should be Empty:

International Bloomberg Securitization Audits


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