Billy F. Gower v. CitiMortgage Inc., et al.
Published: Sep. 3, 2003 | Result Date: Jul. 31, 2003 | Filing Date: Jan. 1, 1900 |Case number: SCVSS077566 Bench Decision – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Vincent J. Quigg
(Quigg & Associates)
Defendant
Brent M. Finch
(Finch Tetzlaff)
Facts
Billy F. Gower owned a home in Fontana, on which CitiMortgage held the first mortgage and two individuals held the second mortgage. Fidelity National Foreclosure Services was both the trustee under the CitiMortgage deed of trust, and a contractual sub-servicers of CitiMortgage's bankrupt and foreclosure accounts (including the Gower account). CitiMortgage directed the trustee to foreclose on its deed of trust after Gower failed to comply with the terms of a Bankruptcy Court order granting CitiMortgage adequate protection and relief for the automatic stay in Gower's Chapter 13 proceedings. Although they had actual notice of the trustee's sale and sent a representative to observe it, the holders of the second mortgage did not bid at the trustee's sale. The trustee sold Gower's property to an unrelated third party for more than the debt Gower owed CitiMortgage. Gower and the holders of the second mortgage sued CitiMortgage and Fidelity (as well as the purchasers at the trustee's sale) in three suits that were consolidated for trial.
Settlement Discussions
At a mandatory settlement conference conducted by Judge Kenneth G. Ziebarth Jr., the defendants offered $22,500; the plaintiffs demanded a six-figure settlement. The third party purchasers settled with the plaintiff at the final trial readiness conference.
Result
Judge Frank Gafkowski Jr. granted a directed verdict in favor of the defendants.
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