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Full title: ROSALINDA ENRIQUEZ, Plaintiff and Appellant, v. GREENPOINT MORTGAGE Defendants and Respondents

Court: Court of Appeal of California

Date published: Feb 18, 2009

Facts

Plaintiff Rosalinda Enriquez refinanced her home, replacing her previous loan with a new loan and home equity line of credit (HELOC) obtained from defendant Greenpoint Mortgage Funding, Inc. (Greenpoint). Incorrectly believing the HELOC proceeds would be used to pay off the outstanding balance on her car loan, Enriquez repeatedly asked Greenpoint and defendant Marin Conveyancing Corporation (Marin), the loan servicing agent, about the use of the HELOC proceeds. Receiving no response, the plaintiff eventually stopped making payments on the HELOC, hoping this course of action would cause the defendants to answer her questions. The defendants foreclosed on the plaintiff’s home and set a date for the auction. Although the defendants were willing to let the plaintiff redeem the property up to the time of the sale, the plaintiff presented the redemption money to the auctioneer five minutes after the property had been sold.

Issue

Court Judgment

The judgment and attorney fee order are reversed. In the interests of justice, each party is to bear the costs of this appeal.

WE CONCUR

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