Home > Construction Law > Gomes v. Countrywide Rules Against Wrongful Initiation of Foreclosure Claim

Gomes v. Countrywide Rules Against Wrongful Initiation of Foreclosure Claim

In an suit alleging “Wrongful Initiation of Foreclosure”, the Fourth District Court of Appeals (No. D057005, Feb. 18, 2011) in Gomes v. Countrywide Home Loans, Inc. affirmed defendants’ demurrer against plaintiff in a ruling in favor of the bank. By asserting a right to bring a court action to determine whether the owner of the promissory note has authorized its nominee to initiate the foreclosure process, plaintiff improperly attempted to interject the courts into a comprehensive non-judicial scheme. Essentially, the Court found there was no factual or legal basis to bring judicial action, i.e. a lawsuit, into a non-judicial foreclosure scheme as codified in Civil Code Section 2924, et seq. The Court noted that parties can still bring claims for specific wrongful misconduct that occurred in a non-judicial foreclosure, but that was not at issue in this case. Defendants’ demurrer also in part successfully argued that a plaintiff trying to forestall a foreclosure until they “produced the note” was improper. Ultimately, the defendant bank entities won this battle as all this plaintiff could do was speculate on theories without factual support. This plaintiff’s deed of trust also authorized a named defendant to initiate the foreclosure process which was opposite of his allegations, so the allegations failed.

All Rights Reserved © 2011 by Michael L. Mau, Esq.

The Mau Law Firm

Blog: https://maulaw.wordpress.com

Website: www.MauLaw.com

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