Aames Home Loan v. Bel-Air Home Loan, et al. (Complaint); Sara Hurtado v. Max Kessler and Aames Home Loan, et al. (Cross-complaint)
Published: Sep. 30, 1995 | Result Date: Jun. 15, 1995 | Filing Date: Jan. 1, 1900 |Case number: BC032022 – $80,000
Facts
On September 20, 1990, Cross-complainant Sara Hurtado, an 80-year-old widow, was delinquent on her $500 monthly mortgage payments; the loan was a $26,000, 15-year loan with Aames Home Loan. Defendant Vladimir Klinksik (Bel-Air Home Loan) approached Mrs. Hurtado to refinance the loan with a $50,000, one-year loan. Klinksik acquired her signature on unfinished loan documents and a blank note and deed of trust; Klinksik then had Cross-defendants Max and Marilyn Kessler fund the loan. But, prior to the funding, Mrs. Hurtado and her family allegedly delivered a handwritten notice of cancellation and intent to rescind the loan to Klinksik. However, Cross-defendant Kesslers, allegedly unaware of Hurtado's rescission, funded and recorded (through escrow) the loan the next day. Mrs. Hurtado was unable to pay the $50,000 within the year and returned to Aames Home Loan and acquired a $108,000, two-year loan. When Aames Home Loan sent the pay-off check to Bel-Air Home Loan, Klinksik ran off with the money and thereafter was unable to be located by any of the parties to the lawsuit.
Settlement Discussions
Cross-complainant Hurtado contends she demanded $50,000 and cancellation of the loan and Cross-defendants made no offers.
Damages
Hurtado claimed $198,000 in delinquent loans and the foreclosure on her house.
Result
The jury found for Kessler on the matter of disparagement of title.
Other Information
Cross-defendant Aames settled out on the first day of trial for a confidential sum. The Court found that the escrow was a sham and that Kessler was an active participant in the sham; and so the Court rescinded the loan and awarded Mrs. Hurtado attorney's fees.
Deliberation
1+ days fraud and duress, 1 day disparagement of title
Poll
12-0 undue influence by Klinksik, 11-1 duress by Klinksik
Length
15 days
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