Coker

Filed 7/23/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

CAROL COKER, D061720

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2011-00087958-

CU-MC-CTL)

JP MORGAN CHASE BANK, N.A., et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of San Diego County, Luis R.

Vargas, Judge. Reversed and remanded with directions.

Stilwell & Associates and Andrew R. Stilwell for Plaintiff and Appellant.

AlvaradoSmith, John M. Sorich, S. Christopher Yoo and Jenny L. Merris for

Defendants and Respondents.

Housing and Economic Rights Advocates, Elizabeth S. Letcher; National Housing

Law Project and Kent Qian as Amici Curiae on behalf of Plaintiff and Appellant. In this appeal we are asked to determine a question of first impression. Do the

anti-deficiency protections in Code of Civil Procedure1 section 580b apply to a borrower

after she, with the approval of her lender, sells her residence to a third party for a price

that is less than the outstanding balance owed the lender on the borrower's mortgage loan,

which…