Is a pre-foreclosure action a "table funded" action?

California, United States of America


The following excerpt is from Stoller v. U.S. Bank Nat'Lass'N, B276902 (Cal. App. 2018):

on pre-foreclosure actions. They assert the loan they received in 2005 was "table funded" in violation of California statutes and regulations. "'Table-funding' is defined as a 'settlement at which a loan is funded by a contemporaneous advance of loan funds and an assignment of the loan to the person advancing the funds' [(See, e.g.], 24 C.F.R. 3500.2.[)] In a table-funded loan, the originator closes the loan in its own name, but is acting as an intermediary for the true lender, which assumes the financial risk of the transaction. The timing of the assignment is therefore sometimes pivotal in determining whether a residential mortgage loan is table-funded because the determinative question is who bears the risk of the transaction." (Easter v. Am. West Fin. (9th Cir. 2004) 381 F.3d 948, 955.)

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