Home > Uncategorized > Robinson v. Countrywide Approves of Gomes Decision

Robinson v. Countrywide Approves of Gomes Decision

In an appeal from a judgment of the trial court, the Fourth District Court of Appeals issued its ruling in Robinson v. Countrywide Home Loans, Inc. (2011) No. E052011. The appeals court affirmed, where the trial court sustained defendants’ demurrer in an action for wrongful initiation of foreclosure and related-causes. The Court held that even if a statutory action for damages or for declaratory relief were available to challenge the standing of a foreclosing entity, plaintiff’s amended complaint does not allege any facts upon which such an action could be based with respect to the defendants. The Court approved of the Gomes decision, noted previously in this blog, that plaintiffs’ had no basis to plead a claim for damages for wrongful initiation of a foreclosure by MERS (Mortgage Electronic Registration Systems, Inc.) as agent for Countrywide. The case does not mean that a borrower who believes that the foreclosing entity lacks standing to do so is without a remedy. The borrower could seek to enjoin the trustee’s sale or to set the sale aside.

All Rights Reserved © 2011 by Michael L. Mau, Esq. & The Mau Law Firm

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