Vass

Vass v. BAC Home Loans Servicing CA2/8

Good Law
Court of Appeal of CaliforniaMay 13, 2013B240785California2,914 words

Opinion

Opinion

FACTS

Background In April 2010, plaintiff and appellant Atila Vass, represented by legal counsel, initiated his current action by filing a complaint against Michael Magness, an alleged mortgage broker/salesman, and several financial institutions. Vass‟s original complaint alleged two themes: (1) he had been a victim of “predatory” lending practices in the first instance and a subsequent refusal to modify loans he was repaying, and (2) he had been defrauded by Magness, working as an agent of the financial institutions, in a scheme which culminated in loans and deeds of trust related to a property on Museum Drive in Los Angeles being issued in Magness‟s name, instead of Vass‟s name. Along with his complaint, Vass filed a “„911‟” ex parte application for a temporary restraining order to stop a then-pending trustee‟s foreclosure sale of the Museum Drive property. In April 2010, the trial court denied Vass‟s application for a temporary restraining order. During June 2010, at which time Vass was represented by new counsel, the trial court denied two further applications for a temporary restraining order. By September 2010, Vass had taken control of his case away from lawyers; he…

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