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Banking
Loan Agreement
Quiet Title

Vera Dragicevich v. Chase Home Finance LLC and Does 1 through 1000, et al.

Published: Jun. 28, 2014 | Result Date: Aug. 1, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-08192-ABC-MAN Summary Judgment –  Defense

Court

USDC Central


Attorneys

Plaintiff

Rachel A. Nelson
(Nelson Law Office APC)

Keith A. Robinson
(Law Office of Keith A. Robinson)


Defendant

Andrea Winternitz

Mark L. Block

Joseph M. Englert

Paul A. Turbow

Michael S. French

Jeffrey N. Williams
(Wargo & French LLP)


Facts

Vera Dragicevich sued Chase Home Finance LLC, seeking declaratory relief and quiet title.

Contentions

PLAINTIFF'S CONTENTIONS:
Chase was Dragicevich's mortgage servicer. In 2010, Dragicevich proposed a loan modification. Chase responded with an offer for a "Trial Period Plan," where Dragicevich could make monthly payments of $2,095.17 while Chase evaluated the proposed loan modification.

Dragicevich argued that Chase's response amounted to an acceptance of her loan modification plan, and that Chase later breached this agreement by foreclosing on her home.

DEFENDANT'S CONTENTIONS:
Chase argued that its response was not an acceptance of Dragicevich's proposed loan modification, and that it never agreed to permanently modify her loan.

Result

The court granted summary judgment for Chase.

Other Information

FILING DATE: Sept. 21, 2012.


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