Peters

I. INTRODUCTION

In 2007, plaintiff and appellant Martha Jo Peters borrowed money from World

Savings Bank, FSB (World Savings). The loan was secured by a deed of trust against

1 Peters’s home. Peters defaulted on the loan and, after World Savings changed its name to

Wachovia Mortgage, FSB (Wachovia), Wachovia began foreclosure proceedings. Peters

stopped the foreclosure when she filed a bankruptcy petition. Defendant and respondent

Wells Fargo Bank, N.A. (Wells Fargo) or Wachovia filed a motion for relief from the

automatic stay to proceed with the foreclosure. Wachovia, or perhaps Wells Fargo, was

granted relief from the stay to proceed with foreclosure. The property was eventually

sold at a trustee’s sale to Wachovia. After Wachovia merged into Wells Fargo, Wells

Fargo sold the property to a third party in November 2009.

In January 2011, Peters commenced this action against Wells Fargo, seeking

damages related to the foreclosure sale of her home. In amended pleadings, she alleged

violations of the federal Real Estate Settlement Procedures Act (RESPA) (12 U.S.C.A.

§ 2601 et seq.), the Truth in Lending Act (TILA) (15 U.S.C.A. § 1601 et seq.), and the

automatic…