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Banking
Fraud
Quiet Title

Petros Sarkisyan v. Bank of America N.A., Reconstruct N.A. Inc., and Does 1 through 200, inclusive

Published: Sep. 20, 2014 | Result Date: Oct. 24, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 2:13-cv-03365-PSG-FFM Bench Decision –  Defense

Court

USDC Central


Attorneys

Plaintiff

Arshak Bartoumian


Defendant

Alexander G. Boone

Brian J. Recor


Facts

Plaintiff Petros Sarkisyan sued defendants Bank of America N.A. and Reconstruct N.A. Inc. in connection with the foreclosure proceedings instituted by defendants.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that in 2005, he obtained a loan secured by a deed of trust on real property located in Los Angeles. Plaintiff alleged that defendants instituted foreclosure proceedings following his default. Plaintiff alleged that the property has since been sold, and that he had not tendered the loan proceeds. Plaintiff nevertheless asserted that defendants' conduct was unlawful. He asserted causes of action for, among others, fraud, quiet title, and cancellation of the deed of trustee sale.

DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiff defaulted on his loan, and owed in excess of $120,000 in arrearages. Defendants contended that their conduct was lawful at all times, and that plaintiff's lawsuit was an effort to avoid consequences of his own default. Defendants urged the court to dismiss plaintiff's lawsuit.

Result

The court granted defendants' unopposed motion to dismiss plaintiff's complaint.

Other Information

FILING DATE: May 10, 2013.


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