California Capital One Borrowers Who Paid Deficiencies On Their Mortgages As A Condition Of A Short Sale File Class Action Lawsuit Against Capital One.
A class action lawsuit has reportedly been filed against Capital One, N.A. (“Capital One” or “Defendant”) in the Superior Court for the State of California County of Orange (styled Roni J. Teson and Laurie A. Hatfield v. Capital One, N.A., Class Action Case No. 30-2011-00534224-CU-BT-CXC) alleging, among other things, that Capital One required that borrowers pay deficiencies on their mortgages as a condition of Capital One agreeing to a short sale of their home for a sale price less than the remaining amount of debt at the time of sale, according to the Capital One California Mortgage Deficiency & Short Sale class action lawsuit complaint.
The Capital One California Mortgage Deficiency & Short Sale class action lawsuit is reportedly brought on behalf of the following proposed class, unless otherwise excluded:
All citizens of California who paid deficiencies on their mortgages to Capital One as a requirement of Capital One agreeing to the short sale of their California based dwellings for a sale price less than the remaining amount of the indebtedness outstanding at the time of sale, from July 15, 2011 to the present.
The Capital One California Mortgage Deficiency & Short Sale class action lawsuit complaint reportedly asserts claims for alleged violation of California Code of Civil Procedure section 580e, California Business and Professions Code section 17200, conversion, and unjust enrichment.
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