Graff

Facts In December 1986, appellant purchased a house on Elizabeth Drive in Ventura. By May 2009, their loan was being serviced by CitiMortgage. Appellants missed some monthly payments, but brought their loan current on roughly a quarterly basis. CitiMortgage mailed appellants a loan statement on July 19, 2011, notifying them that the amount due on August 1, 2011 would be $5,552.12. Appellant Richard Graff testified that he called CitiMortgage on July 30, 2011 and spoke with an employee named Raul. Appellant asked for an extension of time to make the past-due May, June and July payments on the loan. Raul told appellant he could grant a one-time extension to August 5, 2011. Appellant told Raul he would make the payment at a Citibank branch. Raul said that the amount due would be $4,278.94 and it would have to be paid in cash or by certified check or money order. CitiMortgage’s contemporaneously prepared service notes of the same telephone conversation reflect no agreement to grant an extension to August 5, 2011. Instead, the notes reflect that appellant owed $4,278.94 for the May, June and July payments. During the call, the service notes reflect that appellant stated his intention…