Rivera

Rivera v. Value Home Loan CA2/8

Good Law
Court of Appeal of CaliforniaSeptember 12, 2013B245890California5,694 words

Opinion

Opinion

FACTS

Background and the Original Complaint In 2005, Roberto and Maria Rivera entered into a home equity line of credit with Value Home Loan, Inc. (Value), secured by a deed of trust against real property located on 133rd Street in Gardena, and junior to a note and first deed of trust held by Bank of America. Value thereafter recorded a notice of default and subsequently initiated non- judicial foreclosure proceedings. Value claims it obtained title to the 133rd Street property in August 2010 at a trust deed foreclosure sale. In September 2010, the Riveras (represented by attorney George Saba) filed a complaint against Value seeking to undo the foreclosure sale based on claims that the lender failed to comply with statutes governing such sales. The complaint alleged causes of action to quiet title to real property, declaratory and injunctive relief, violations of the Unfair Competition Law (Bus. & Prof., § 17200), and fraud. In November 2010, Value obtained an unlawful detainer judgment against the Riveras. In December 2010, the clerk of the Los Angeles Superior Court issued a writ of possession of real property in favor of Value. In March 2011, the Sheriff’s Department evicted…

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