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.

About Mark Mellor

Mr. Mellor obtained his Bachelor of Science Degree from Cornell University in 1988. While at Cornell he was a member of Cornell University’s National Debate and Forensics Team, repeatedly recognized as an exceptional debater and individual public speaker throughout the country. Mr. Mellor obtained his Juris Doctorate from Southwestern University School of Law in 1992. He was admitted to both the California and the District of Columbia Bars and has been practicing law for over 18 years in both state and federal courts, including the Ninth Circuit Court of Appeals. Mr. Mellor started his own Real Estate and Business Litigation Practice in 2001 and has had three published opinions in the California Courts of Appeal since that time. Mr. Mellor is a past chair of the Executive Committee for the Litigation Section of the State Bar of California and was chair in (2007-2008); vice-chair (2006-2007); treasurer (2005-2006); secretary (2004-2005) and Executive Committee member (2002-2004). He also assists with the State Bar’s Real Estate Section Committee in California. He has special interests in real estate and business litigation involving loan modifications, foreclosures, mechanic’s liens, construction defects, business contracts, business entity formation, and technology.
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