Fonteno

In June 2011, defendant Wells Fargo Bank, N.A. (Wells Fargo), foreclosed on the residential mortgage loan of plaintiffs Leroy Fonteno and Jeanette Childs and purchased their home at a trustee sale conducted by defendant First American Trustee Servicing Solutions LLC (First American). Plaintiffs sued, alleging, among other things, that defendants violated both their deed of trust’s incorporation of a preforeclosure meeting requirement contained in National Housing Act (NHA; 12 U.S.C. § 1701 et seq.) regulations and the Fair Debt Collection Practices Act (FDCPA; 15 U.S.C. § 1692 et seq.). The trial court sustained defendants’ demurrers and denied plaintiffs’ request for a preliminary injunction, leading to this appeal. Plaintiffs argue numerous errors in these rulings.

We conclude that plaintiffs have pied viable causes of action for the equitable cancellation of the trustee’s deed obtained by Wells Fargo based on their allegation that Wells Fargo did not comply with the NHA requirements incorporated into the deed of trust. Because compliance is a condition precedent to the accrual of Wells Fargo’s contractual authority to foreclose on the property, if, as plaintiffs…