Hardie

Hardie v. Nationstar Mortg. LLC

Good Law
243 Cal. Rptr. 3d 911·32 Cal. App. 5th 714
Court of Appeal of CaliforniaFebruary 27, 2019F075858California2,696 words

Opinion

Lead Opinion

Snauffer, J.

*718 In this appeal, we are asked to determine whether a borrower who prevails in obtaining a temporary restraining order enjoining a non-judicial foreclosure sale on certain residential property is a "prevailing borrower" within the meaning of Civil Code section 2924.12, subdivision (h) 1 for purposes of an award of attorney's fees. While we conclude attorney's fees are permitted in such circumstances, we conclude the fee request in this case was procedurally defective. Accordingly, we reverse the attorney's fee award and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

On June 5, 2017, 2 Lana and Scott Hardie filed a civil complaint against appellant Nationstar Mortgage LLC ("Nationstar"), New Residential Loan Trust 2016-3 ("New Residential"), and Aztec Foreclosure Corporation ("Aztec"), for violations of Civil Code sections 2923.55 and 2923.6 ; unfair business practices under Business and Professions Code section 17200, et seq. ; and declaratory relief pursuant to Civil Code section 2924.12. The complaint arose out of the Hardies' financing of residential real property, as evidenced by a promissory note signed by the Hardies and secured by a first priority…

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