Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Tobin v. BC Bancorp

February 1, 2010

ALBERT TOBIN, AN INDIVIDUAL; JULIET TOBIN, AN INDIVIDUAL, PLAINTIFFS,
v.
BC BANCORP, A CALIFORNIA CORPORATION, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER DENYING PLEADINGS DEFENDANTS' MOTION FOR JUDGMENT ON THE [Docket No. 86]

This matter comes before the Court on Defendants Wells Fargo Bank ("Wells Fargo"), Indymac Federal Bank, FSB ("Indymac") and Elke Poerschke's motion for judgment on the pleadings. Plaintiffs have filed an opposition to the motion, and Defendants have filed a reply. For the reasons discussed below, the Court denies the motion.

I. BACKGROUND

On or about June 26, 2006, Plaintiffs Albert Tobin, age 79, and Juliet Tobin, age 91, refinanced the mortgage on their primary residence located at 1585 Powell Road in Oceanside, CA. (Corrected Second Amended Complaint ("CSAC") ¶¶ 27-29.) On September 18, 2008, Plaintiffs gave notice of their intent to rescind the loan transaction, due to alleged violations of the Federal Truth In Lending Act ("TILA") by, among others, BC Bancorp, a creditor on the loan. (Id. at ¶ 36.) Despite this notice, Defendants proceeded with foreclosure proceedings against the property prompting Plaintiffs' counsel Deborah L. Raymond to contact Defendant Indymac, the servicer of the loan.

In November 2008, Raymond exchanged e-mail messages with Defendant Elke Poerschke, Vice President of Corporate Compliance at Indymac, in an effort to resolve the dispute and halt the foreclosure proceedings. (Id. at ¶ 39.) The e-mail exchange is attached to the CSAC as Exhibit H, and provides as follows:*fn1

From: Deborah L. Raymond [mailto:draymond@lawinfo.com]

Sent: Friday, November 07, 2008 11:38AM To: Poerschke, Elke Subject: RE: Albert W. Tobin and Juliet E. Tobin / IMFB Loan No. 3002883258 Dear Ms. Poerschke: This email is regards to my above referenced clients. As we discussed, my clients are elderly and the pending Trustee's Sale on their home is causing them severe emotional distress.

Pursuant to the last message that you left on my voice mail, it was my understanding that you were going to review the loan modification Information provided by my clients and have the Trustee's Sale postponed.

I have just looked online and the Trustee's Sale is still pending for 11/20/2008. Please inform me of your intentions and provide me with written confirmation that the Trustee's Sale has been postponed and to what date. Thank you.

From: Poerschke, Elke [mailto:Elke.Poerschke@imb.com]

Sent: Friday, November 07, 2008 1:19 PM To: draymond@lawinfo.com Subject: RE: Albert W. Tobin and Juliet E. Tobin / IMFB Loan No. 3002883258 Dear Ms. Raymond, I have confirmed that the foreclosure was placed on hold and your clients' file has been forwarded to a loss mitigation specialist. I've asked for them to provide me with an update. I will be back in touch with you as soon as I hear from them.

Thank you.

Elke Poerschke

From: Deborah L. Raymond [mailto:draymond@lawinfo.com]

Sent: Wednesday, November 12, 2008 7:50 PM To: Poerschke, Elke Subject: RE: Albert W. Tobin and Juliet E. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.