September 7, 2010
A Ventura County, California Judge granted the borrower’s Motion for a Preliminary Injunction today stopping a Trustee’s sale scheduled for this Thursday, September 9, 2010. The borrower is represented by FDN’s Jeff Barnes, Esq. and Kenneth Meyer, Esq., both of whom attended the hearing. Mr. Barnes prepared the papers which were filed with the assistance of Mr. Meyer, who argued the Motion.
The borrower’s Motion highlighted that Wells Fargo had failed to comply with California Civil Code section 2923.5 which requires a foreclosing party to take certain actions prior to instituting foreclosure proceedings. Recent appellate decisional law from California issued in June of this year provides that a borrower has a private right of action for violation of the Code provision, and that noncompliance with the provision warrants the cancellation of a Trustee’s sale until the foreclosing party complies with 2923.5.
Our thanks to Mr. Meyer, Esq. for his diligent efforts in obtaining this result.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com