Chacker

Chacker v. JPMorgan Chase Bank, N.A.

Good Law
237 Cal. Rptr. 3d 921·27 Cal. App. 5th 351
Court of Appeal of CaliforniaSeptember 19, 2018B281874California3,086 words

Opinion

lead Opinion

Baker, J.

*352 Plaintiff and appellant Melody Chacker (plaintiff) refinanced a loan on her home and then failed to make required loan payments, which triggered non-judicial foreclosure proceedings. Plaintiff sued to stop the foreclosure process and the trial court entered a judgment of dismissal after sustaining demurrers to plaintiff's suit-a judgment we affirmed. The trial court then ordered plaintiff to pay the attorney fees of *353 defendants and respondents JPMorgan Chase Bank, N.A. (Chase) and California Reconveyance Company (CRC), finding certain provisions in the deed of trust she signed authorized a fees award. We consider whether CRC and Chase (collectively, the Chase Defendants) can invoke these attorney fees provisions despite having assigned the trust deed to another financial institution, whether the trial court properly ordered payment of fees rather than ordering the fees added to the loan balance due, and whether the Rosenthal Fair Debt Collections Practices Act (Rosenthal Act) separately authorizes a fee award.

I. BACKGROUND

A. Non-Judicial Foreclosure and Plaintiff's Lawsuit

Plaintiff refinanced her home in 2006 and executed a promissory note for approximately…

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