Hussey-Head

Hussey-Head v. World Savings & Loan Ass'n

Good Law
111 Cal. App. 4th 773·4 Cal. Rptr. 3d 171
Court of Appeal of CaliforniaAugust 27, 2003B160853California3,729 words

Opinion

Opinion

Vogel, J.

A consumer sued her lender, claiming it had furnished incomplete and inaccurate information to several credit reporting agencies. The trial court granted the lender’s motion for summary judgment, and the consumer appeals. We agree with the consumer that there are triable issues of material fact, reject the lender’s federal preemption claims, and reverse the judgment.

FACTS

A.

In 1992, Paula M. Hussey-Head (and her husband, David A. Head, who is not a party to this appeal) purchased a house on Sorrel Lane in Rolling Hills Estates. Hussey-Head borrowed about $540,000 from World Savings and Loan Association, signed a note, and secured the loan with a deed of trust on the Sorrel Lane property. In December 1995, Hussey-Head sold the property to Louie and Frances Dileva. With World Savings’ consent, the Dilevas assumed Hussey-Head’s loan obligations, and World Savings released Hussey-Head from all liability under the note and deed of trust.

In 1997, the Dilevas started having financial problems and did not make all of their loan payments. Around the same time, Hussey-Head started having problems with various credit reporting agencies, all of which issued reports suggesting…

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