In September 2014, Ying Huang and Koon Huat Low (the Huangs) filed an action against Wells Fargo Bank, N.A. (Wells Fargo) to quiet title to a home the Huangs bought in February 2009. The trial court granted summary judgment against the Huangs.
The court ruled their complaint was time-barred because in August 2009, more than three years before they filed suit, they were aware of a recorded notice of trustee’s sale posted on the door of their property scheduling its sale to satisfy a delinquent loan secured by a deed of trust in favor of Wells Fargo as beneficiary.
The Huangs contend the notice of sale did not disturb or otherwise interfere with their possession sufficiently to start the running of the statute of limitations.
The California Court of Appeal agreed. After receiving the notice of sale, the Huangs immediately provided it to their title insurer to resolve any dispute with Wells Fargo. The trustee’s sale did not take place as scheduled, and the Huangs heard nothing substantive about the matter for several years thereafter.
All the while, the Huangs continuously lived in and possessed the home. Under these circumstances, we conclude the statute of limitations did not run and the trial court improperly granted summary judgment for Wells Fargo.
The California Court of Appeal reversed.
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Robert Rodriguez has represented homeowners in foreclsoure cases against Bank of America, JP Morgan Chase, Wells Fargo, Ocwen; and litigated well over 100 family law cases and civil litigation matters including personal injury motor vehicle cases, dog bite and slip & fall cases, breach of contract, defamation & invasion of privacy, fraud, unfair business practice, malicious prosecution, workplace and employment matters including sexual harassment, wrongful termination, wage & hour violations, discrimination pursuant to the FEHA, Gov’t Code §§ 12940 et seq., violations of the FMLA & Pregnancy Leave, Civil Rights discrimination pursuant to 42 U.S.C. § 1983 and Title VII of the 1964 Civil Rights Act in the State of California and California federal district courts.
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