Can a plaintiff bring a claim against a lender for late fees and late payments made pursuant to a valid contract?
MultiRegion, United States of America
The following excerpt is from Skelley v. Bank of America, N.A., CASE NO. 12-CV-1796 BEN (MDD) (S.D. Cal. 2012):
To the extent that Plaintiffs claim damages in the form of mortgage payments or late fees, loan payments made pursuant to a valid contract cannot support a showing of harm. Auerbach v. Great W. Bank, 1A Cal. App. 4th 1172, 1182 (2d Dist. 1999). Moreover, Plaintiffs do not allege that a foreclosure sale has occurred at this point in time. Accordingly, Plaintiffs are unlikely to succeed on the merits of their sixth claim.
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