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

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

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Author: timothymccandless

I have spent most of my professional life helping people who were being taken advantage of by systems they did not fully understand. As an attorney, I represented consumers against predatory lending practices and worked in elder law protecting seniors from fraud. My family lost $239,145 to identity theft, which became the foundation for my seniorgard.onlime and deepened my commitment to financial education. Since 2008, I have maintained a blog at timothymccandless.wordpress.com providing free financial education. Not behind a paywall. Free, because financial literacy should not cost money. I trade with real money using the exact strategy described in this book. My current positions: Pfizer at $16,480 deployed generating $77,900 per year net. Verizon at $29,260 deployed generating $51,000 per year net. Combined: 293% annualized pace. These are my only active positions. Not cherry-picked.

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

  1. 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.

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