· 5/17/2013
Jenkins v. JPMorgan Chase Bank, N.A.
Citations
- 216 Cal. App. 4th 497
- 156 Cal. Rptr. 3d 912
- 2013 WL 2145098
- 2013 Cal. App. LEXIS 394
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a borrower lacks standing to challenge transfers of her promissory note to which the borrower is not a party
- holding that a loan servicer, as agent for the beneficiary, may record a notice of default and initiate nonjudicial foreclosure
- noting that, because the debtor’s “obligations under the note remained unchanged,” damages from an invalid transfer of a promissory note would only be incurred by the assignee
- noting that it was plaintiffs default that triggered the lawful enforcement of the power of sale clause in the deed of trust, and the triggering of the power of sale clause subjected plaintiffs home to nonjudicial foreclosure, not any procedural deficiencies in assignment
- affirming dismissal of UCL challenge to foreclosure where plaintiffs default caused the foreclosure
- affirming dismissal where plaintiff broadly asserted the existence of a “contractual duty” but “fail[ed] to point to any provision ... in which such a duty is expressly set forth or from which we can reasonably infer such a contractual duty exists”
Source: CourtListener parenthetical corpus (CC0).
Judges: O'Leary
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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