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Property Keyed to French
Coker v. JPMorgan Chase Bank, N.A.
Citation:
62 Cal. 4th 667, 364 P.3d 176 (2016)Facts
In 2004, Carol Coker purchased a condominium in San Diego County with a $452,000 loan from Valley Vista Mortgage Corporation, secured by a deed of trust on the property. After falling behind on payments, Coker received a notice of default from Chase (Valley Vista’s successor) in March 2010. Instead of allowing foreclosure to proceed, Coker asked Chase if it would release its security interest to allow her to sell the property to a third party for $400,000. Chase conditionally approved the short sale in a June 2010 letter, requiring that Coker receive no proceeds from the sale and explicitly stating that she would remain responsible for any deficiency balance. Coker accepted these terms and sold her condominium for $400,000 in July 2010. In January 2011, Chase demanded payment of the $116,686.89 remaining balance on her loan, prompting Coker to file a declaratory action claiming that section 580b prohibited Chase from collecting the deficiency.
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