Roche v. Wells Fargo Bank
Brendan J. Roche appeals from a summary judgment granted in favor of defendant Wells Fargo Bank, N.A. (Wells Fargo) on his wrongful foreclosure complaint. Appellant claims that Wells Fargo violated the “dual tracking” provisions of the Homeowner’s Bill of Rights (HBOR; Civ. Code, § 2923.6, subd, (c)) by not postponing the foreclosure sale while his loan modification application was pending. (See Giles v. JPMorgan Chase Bank, N.A. (2017) 7 Cal.App.5th 907, 912; Monterossa v. Superior Court (2015) 237 Cal.App.4th 747, 752-753.) After appellant submitted the loan modification application, appellant was asked to provide the 2012 business tax return for Recentis Intermediaries, LLC (Recentis), a company created and owned by appellant. The trial court granted summary judgment because appellant failed to provide the business tax return or submit a complete loan modification application before the property was sold. We affirm.
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