Moore

INTRODUCTION

Robert D. Moore obtained a home equity line of credit (HELOC) from Bank of America, N.A., in 2006. In 2016 the Bank initiated foreclosure proceedings. Moore sued. In 2022 Moore and the Bank reached a settlement agreement providing in part that Moore would pay the Bank $675,000 and would not oppose a future foreclosure if he did not comply. Moore did not make the payment. The Bank again noticed a foreclosure sale; Moore sued again. Moore alleged the Bank was required to take steps to help him secure a new loan to pay off the settlement agreement, such as writing letters to potential lenders or changing the tax form the Bank issued to him. The Bank demurred. The trial court sustained the demurrer without leave to amend, finding in part that nothing in the settlement agreement obligated the Bank to assist Moore in obtaining financing. Moore appealed. He does not challenge the demurrer ruling. He argues only that he should be allowed to amend the complaint to allege that the Bank had an implied duty under the settlement agreement to “clear title” on his property so that he could obtain funding from a new lender. This is a rehash of the same argument the trial court…