Skov v. U.S. Bank National Association | Borrower May Sue Over Lender’s Failure To Contact Prior to Foreclosure, California Appellate Court Rules

“In reversing the dismissal, the appellate court held that the question of whether the lender properly complied with Section 2923.5 was an issue of fact that could not be resolved at the pleading stage.”

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Borrower May Sue Over Lender’s Failure To Contact Prior to Foreclosure, California Appellate Court Rules

A residential lender’s failure to contact a borrower prior to initiating nonjudicial foreclosure proceedings triggers a private right of action under California law, the California Court of Appeal has ruled.

In its July 3, 2012, opinion in Skov v. U.S. Bank National Association, the California Court of Appeal, Sixth District, held that a borrower could assert a cause of action against a residential lender under California Civil Code Section 2923.5 for failure to contact the borrower prior to recording a notice of default.

Section 2923.5 provides that a residential lender must contact a borrower “in person or by telephone in order to assess the borrower’s financial situation and explore options for the borrower to avoid foreclosure” or satisfy due diligence requirements before a notice of default is recorded. The remedy for failing to comply with Section 2923.5 is postponement of the foreclosure sale.

Rest here…

Copy of the opinion below…

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4closureFraud.org

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Skov v. U.S. Bank National Association

Comments
One Response to “Skov v. U.S. Bank National Association | Borrower May Sue Over Lender’s Failure To Contact Prior to Foreclosure, California Appellate Court Rules”
  1. Anthony says:

    You will never win until you realize you are not the borrower……..but the lender!

    This is a must read!!! Read the first part then click on part 2. Stop worrying about the note and look at the facts! After reading this the picture will become clear!

    http://www.rumormillnews.com/cgi-bin/archive.cgi/noframes/read/165296

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