Triable Issues Whether Foreclosure Sale Should Be Set Aside Due To Unconscionability Of Transaction.

In action in which a homeowner sued a lender, a loan servicer and others to set aside a trustee’s sale claiming predatory lending, the trial court granted summary judgment.  The appellate court noted the refinance was for $1.5 million with a monthly payment of $12,381.36 and the homeowner had a monthly income of $3,333.  The court reversed the grant of summary judgment finding there was sufficient evidence of triable issues of material fact regarding alleged unconscionability of the transaction.  Lona v. Citibank, N.A. (Cal. App. Sixth Dist.;  December 21, 2011) 202 Cal.App.4th 89.

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