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Hernandez v. Madrigal

April 13, 2010

ALVARO C. HERNANDEZ, PLAINTIFF,
v.
MICHAEL A. MADRIGAL JR.; JENNIFER WILLIAMS; LIS MORTGAGE CORPORATION; FINANCIAL TITLE COMPANY, A CORPORATION; DOWNEY SAVINGS AND LOAN ASSOCIATION, A CORPORATION; COUNTRYWIDE HOME LOANS, INC., A CORPORATION; AND DOES 1 THROUGH 50 INCLUSIVE. DEFENDANTS.



The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

MEMORANDUM AND ORDER

Through the present action, Plaintiff Alvaro C. Hernandez ("Plaintiff") seeks relief from loans issued by Downey Savings and Countrywide Home Loans pursuant to documents Plaintiff believes were falsified by Michael Madrigal, LIS Mortgage Corporation, and Jennifer Williams individually and as an agent for Financial Title Company.

As provided by Federal Rule of Civil Procedure 56(c), Plaintiff now moves for Summary Adjudication on the issue of forgery of the deed, and whether Plaintiff is entitled to recover liquidated damages, or damages over a three-year limitation period in accordance with California Civil Code § 1798.93(c). Defendant Countrywide Home Loans ("Defendant") contests Plaintiff's motion.

For the reasons set forth below, Plaintiff's Motion for Summary Adjudication is denied.*fn1

BACKGROUND

This action arises out of activity surrounding residential loan transactions for the property located at 9283 Laguna Green Court, Elk Grove, California ("Property"). In 2006, Plaintiff resided in Idaho and allowed his daughter and her then husband, Michel A. Madrigal, Jr. ("Madrigal"), to live on the Property.

In March 2004, Plaintiff states he and Madrigal refinanced the Property to help Madrigal pay off approximately $100,000 owed in taxes. Plaintiff allowed Madrigal, a loan brokerage agent, to organize and "handle all the necessary paperwork" in connection with this transaction.

In May 2006, Plaintiff's daughter and Madrigal ended their relationship and Madrigal ceased living at the Property. Plaintiff believes that around June 2006 Madrigal became personally involved with Jennifer Williams ("Williams"), an employee at Financial Title.

Plaintiff alleges that in June 2006, Madrigal and Williams forged Plaintiff's name and his personal information on loan documents and deed of trust. This included his name, address, social security number and date of birth. The loan was issued by Downey Savings and Loan Association ("Downey").

Plaintiff further alleges that in November 2006 Madrigal and Williams refinanced the Downey loan through forged loan documents submitted to First Magnus Financial. In December 2006, Defendant purchased the loan.

Plaintiff alleges that he discovered the loan around September 2007, at which time he sent a handwritten note to Defendant stating that only he and his wife should have access to the account. On March 13, 2008, Plaintiff, through his counsel, gave Defendant written notice that the deed on the Property was forged. On May 8, 2008, Plaintiff filed a police report with the Sacramento County Sheriff, Real Estate Fraud Division.

Plaintiff's counsel received a letter from Defendant on September 4, 2008, stating that Defendant has been "unable to substantiate" that the underlying loan was originated without Plaintiff's knowledge or consent.

Plaintiff states that Defendant continued to attempt to collect on the loan and consequently, Plaintiff ...


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