Demurrer reversed based on allegations of modification agreement alleging formation of contract

5 Sep

From: Charles Cox [mailto:charles@bayliving.com]
Sent: Wednesday, August 22, 2012 10:47 AM
To: Charles Cox
Subject: Demurrer reversed based on allegations of modification agreement alleging formation of contract

In a homeowner’s suit for breach of contract arising from the failed loan modification and eventual foreclosure sale of her home, trial court’s order sustaining a demurrer is reversed to the extent it is based on allegations regarding the parties’ modification agreement, as plaintiff alleged formation of a valid contract to modify her loan documents and sufficiently alleged breach of that modification agreement. Further, plaintiff should be permitted to allege a cause of action for breach of covenant and good faith and fair dealing based on breach of the modification agreement and also be permitted to amend the complaint to allege a cause of action for common law wrongful foreclosure based on the valid modification agreement.

Barroso v. Ocwen_Cal.App.4th.docx

Advertisements

One Response to “Demurrer reversed based on allegations of modification agreement alleging formation of contract”

  1. Tiffany Goossen September 6, 2012 at 11:36 pm #

    hi, i typed a reply earlier but i dont know whrere it went, anyway, my 64 yr old mother just got an eviction notice yesterday to be out by the 12th. Her house was sold to a buyer around the beginnin g of june when she foolishly entrusted a realtor who promised to keep her in her home by putting the home in someones name with a bankruptcy. He missed the deadline for the paperwork and her home was sold that day. she just like i said recieved the eviction notice so my plan was to go there and have ready a rental agreement that stateds the fact that ive beeen renting the house since the sale date and paid rent for approx one year. im kind of blindly grasping for what ever i can and hope it works out and am in desperate need of professional advice for my next steps in this matter. i cant stand by and let a senior citizen in failing health bust her ass working in 100 degree weather in a desperate attempt to avoid homelessness. My mom worked for the state for 20 years and has jack shit to show for it and there is someting very wrong with a system that will kick a 20 year tax paying state employee to the curb without a second thought. This is a sick and twisted world we live in.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: