Smith v. Chase Mortgage Credit Group

ORDER

Plaintiff David Smith brings suit alleging that defendants committed various unlawful acts surrounding the refinance of his home loan. Plaintiff specifically alleges that Wells Fargo Bank (“Wells Fargo”) violated the Truth in Lending Act (“TILA”), the Real Estate Settlement Procedures Act of 1974 (“RESPA”) and California Business and Professions Code § 17200. Pending before the court is plaintiffs motion for summary judgment against Wells Fargo. Plaintiff also moves for declaratory and injunctive relief. As explained herein, the court grants the motion in part and denies it in part.

I. Background and Facts

A. Facts

Plaintiff brought this ease alleging defendants’ unlawful acts surrounding the negotiation and consummation of a refinance of plaintiffs home loan. In July 2002, plaintiff purchased residential property for which he obtained a home loan from Countrywide Home Loans (“Countrywide”). In October 2007, plaintiff was contacted by defendant Paul Bakhtiar to refinance his home loan.

1. The Parties

In October 2007, Bakhtiar was employed by defendant Chase Mortgage Credit Group (“Chase”). The parties dispute whether Bakhtiar was a loan broker or a loan processor. See…