Quach
Quach v. Agents Realty and Finance CA6
Opinion
Opinion
I. BACKGROUND
Quach owned a residence on Whitesand Drive in San Jose. In 2019, Quach refinanced the Whitesand property with a new loan and later took out a bridge loan to pay the interest on the first loan. However, allegedly due to strokes in 2018 and 2021, he defaulted on both loans. A. The 2019 Refinancing Loan By 2019, Quach allegedly had fallen behind on payments for a mortgage of approximately $900,000 on the Whitesand property. Accordingly, in September 2019, Quach obtained a $1,170,000 loan secured by a deed of trust on the property, which he apparently used to refinance and pay off his first loan. The refinancing loan was subsequently assigned to Yan Zhang and Ling Song. Soon after obtaining the loan, Quach allegedly experienced financial hardship due to his 2018 stroke, subsequent medical procedures, and resulting inability to work, and he was unable to make the payments due. B. The 2020 Bridge Loan In September 2020, Quach obtained a $70,000 bridge loan from Kok Jin Yeo, which was secured by a second deed of trust on the Whitesand property. Interest on the bridge loan was to be paid monthly beginning in November 2020, with a balloon payment covering the principal and…