Gross v. Deutsche Bank National Trust Co. CA2/2

California Court of Appeal Dec 4, 2020 No. B298005Unpublished

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Holding. The court held that the plaintiff's wrongful foreclosure and related claims failed because the residential purchase money loan was not subject to TILA rescission rights, the claims were barred by the statute of limitations, and the plaintiff failed to tender the debt.

Issues

Whether the plaintiff had a statutory right to rescind a residential purchase money loan under TILA.
Whether the plaintiff's claims were barred by the applicable statutes of limitations.
Whether the plaintiff's failure to tender the debt precluded his claims for rescission and wrongful foreclosure.

Disposition. affirmed

Quotations verified verbatim against the opinion

“TILA’s rescission rights do not apply to residential purchase money loans like the one that Gross attempted to cancel.”

“Gross’s 2016 lawsuit was untimely.”

“Gross did not set forth a claim under state rescission law because he did not tender the debt.”

Filed 12/4/20 Gross v. Deutsche Bank National Trust Co. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

JOHN F. GROSS, B298005

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC628671) v.

DEUTSCHE BANK NATIONAL TRUST CO., as Trustee, etc., et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard J. Burdge, Jr., Judge. Michael Shemtoub for Plaintiff and Appellant. MCGUIREWOODS and Leslie M. Werlin for Defendants and Respondents. ________________________________________

Appellant John Gross purchased a home in 2007 with a secured bank loan. His 2011 default resulted in foreclosure by respondents Deutsche Bank National Trust Co., as Trustee for Indymac INDA Mortgage Loan Trust 2007-AR5, and PHH Mortgage Corporation, formerly known as Ocwen Loan Servicing. Gross sued respondents for wrongful foreclosure after his property was sold at public auction in 2016. The trial court sustained respondents’ demurrers to Gross’s fourth and fifth amended complaints without leave to amend and dismissed his case. Gross contends that he unilaterally canceled his obligation and had no duty to repay the purchase money loan; however, the loan could not be rescinded under the federal Truth in Lending Act (TILA, 15 U.S.C. § 1601 et seq.). Gross did not tender the debt, and his claims are untimely in any event. We affirm the judgment in favor of respondents. FACTS AND PROCEDURAL HISTORY1 On July 5, 2007, Gross obtained a purchase money loan (Loan) from Indymac Bank (Bank) for $855,000, secured by a deed of trust (DOT) on property on Dorrington Avenue in West Hollywood (the Property). Gross also obtained from Bank a home

Gross v. Deutsche Bank National Trust Co. CA2/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

JOHN F. GROSS, B298005

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