PERLAS v. GMAC MORTGAGE, LLC
Filed 8/11/10
CERTIFIED FOR
PARTIAL PUBLICATION*
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE
DISTRICT
DIVISION FIVE
MERCEDES PERLAS et al.,
Plaintiffs and
Appellants,
v.
GMAC MORTGAGE, LLC, et al.,
Defendants and Respondents.
A125212
(
Super.
Plaintiffs
Mercedes Perlas and Len Villacorta (appellants) appeal the dismissal of their
action against defendants GMAC Mortgage, LLC (GMAC), and ETS Services, LLC
(ETS)[1]
(collectively, respondents). Appellants
borrowed money from GMAC, a commercial
mortgage lender. Following their
failure to make the required loan payments, the underlying security was foreclosed
upon. In the published portion of this
decision, we reject appellants' claim that they could rely upon GMAC's
knowingly false determination that they qualified
for the loans as a determination by GMAC that they could afford the loans. In the
unpublished portion, we reject appellants' other contentions.
BACKGROUND[2]
Appellants
own real property located on Drakes Circle
in Discovery Bay
(the Property). GMAC is a mortgage
lender. Prior to November 27, 2007, appellants sought to
refinance the Property by obtaining a loan from GMAC â€
| Description | Plaintiffs Mercedes Perlas and Len Villacorta (appellants) appeal the dismissal of their action against defendants GMAC Mortgage, LLC (GMAC), and ETS Services, LLC (ETS)[1] (collectively, respondents). Appellants borrowed money from GMAC, a commercial mortgage lender. Following their failure to make the required loan payments, the underlying security was foreclosed upon. In the published portion of this decision, we reject appellants' claim that they could rely upon GMAC's knowingly false determination that they qualified for the loans as a determination by GMAC that they could afford the loans. In the unpublished portion, Court reject appellants' other contentions. |
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