Another Screwed-Over Homeowner Needs Appeals Court To Reverse Trial Judge's Erroneous Summary Judgment In Foreclosure Case

In San Francisco, California, The Recorder reports:

• The Sixth District Court of Appeal tossed out a summary judgment for Citibank and a loan servicer in a foreclosure case on Wednesday, giving a plaintiff another shot to prove he was a victim of predatory lending.



• Jonas Lona — who claimed he was bamboozled in a mortgage refinancing scheme — had demonstrated triable issues of fact as to whether the loans were procedurally and substantively unconscionable, the three-judge panel concluded.



• "And while this evidence may not ultimately be persuasive at trial, in this case, it was sufficient to defeat the motion for summary judgment," wrote Santa Clara County Superior Court Judge Brian Walsh, sitting by assignment.

For more, see Mortgage Fraud Suit Can Proceed, Appeal Court Rules.

For the court ruling, see Lona v. Citibank, N.A., H036140 (Cal. App. 6th Dist. December 21, 2011).