Szumilar

discussion, plaintiff disclosed to Hudson that he was an immigrant from Poland and his work visa had expired. Hudson informed plaintiff that notwithstanding his expired work visa, plaintiff met the Bank’s underwriting criteria and qualified for the loan. Hudson assured plaintiff that in spite of his work status, the value of the property would continue

1Wells Fargo was the successor by merger with Wells Fargo Bank Southwest, N.A., formerly known as Wachovia Mortgage, FSB, formerly known as World Savings Bank. Although plaintiff originated the note and trust deed at issue here with World Savings Bank, for clarity (unless specific identification of the financial institution is necessary), we refer to the entity holding plaintiff’s note and trust deed as “the Bank.”

2 to go up and plaintiff would have no problem refinancing in the future. On December 18, 2007, plaintiff executed a trust deed in favor of the Bank (in this case, World Savings Bank) in the amount of $940,000. The trust deed was recorded January 2, 2008. The Bank’s loan commitment letter dated December 4, 2007, contained the terms of the loan and stated that the loan would be for $940,000 and the “index” would be the…