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Contracts Keyed to Dawson
Orcilla v. Big Sur, Inc.
Citation:
244 Cal. App. 4th 982.Facts
The Orcillas were a Filipino couple that spoke English as a second-language. Beginning in 2004, Virgilio Orcilla was no longer able to work due to a medical issue. Teodora Orcilla provided the couple’s sole income. In 2006, Teodora responded to marketing materials sent by Quick Loan and applied to refinance the couple’s property for $525,000. Pursuant to the Quick Loan agent’s recommendation, Virgilio was not included on the paperwork. Teodora told the agent they could not afford the proposed monthly payments, but the agent assured her otherwise. On May 9, 2006, Teodora obtained a loan modification from Quick Loan with an initial interest rate of 8.99% (the Note further provided that the interest rate was variable after two years and would not exceed 14.99%). The initial monthly payment was $4,220.49, while the Orcillas’ monthly income was less than $3,000. The Orcillas soon fell behind on the payments, and after another modification in 2008 and various miscommunications between the parties, the lender declared a default and the property was sold.
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