Southern Pacific Thrift & Loan Ass'n v. Savings Ass'n Mortgage Co.

Good Law
1999 Cal. App. LEXIS 187·70 Cal. App. 4th 634·82 Cal. Rptr. 2d 874·99 Daily Journal DAR 2159·99 Cal. Daily Op. Serv. 1692
Court of Appeal of CaliforniaMarch 4, 1999No. B113906California2,943 words

Opinion

Lead Opinion

Epstein, J.

J.Southern Pacific Thrift & Loan Association (SPT&L) appeals from judgment against it in this action seeking damages from loan originator and servicer Savings Association Mortgage Company, Inc. (SAMCO) for losses suffered as a loan participant in a low-income housing project. SAMCO appeals from the trial court’s denial of its motion for attorney’s fees. We find no error and affirm the judgment.

Factual and Procedural Summary

SAMCO is in the business of soliciting financial institutions to participate in pools of commercial loans. It then acts as a loan servicer and administrator under participation agreements with the lending institutions. In this case, SAMCO served as a loan servicer and administrator with respect to a loan on the Hotel Metro, a 193-unit, low-income, single-room-occupancy residence complex in San Diego. SAMCO issued the $2,145,000 Hotel Metro loan to San Diego Single Room Occupancy Limited Partnership (the partnership) in November 1990.

*637 In September 1994, SAMCO began offering approximately $9 million in participation interests in loans originated and serviced by SAMCO which had been acquired by the Resolution Trust Company through the seizure of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.