Tolosa v. Hsbc Bank Usa, N.A

2011 U.S. Dist. LEXIS 171613 (2011)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Tolosa (Ps) obtained a $276,000.00 loan to purchase real property. The Loan was evidenced by a Promissory Note and was secured by a Deed of Trust. Ps defaulted on their payment obligations under the Promissory Note, and the property was sold in a foreclosure sale in April 2011. Ps filed this lawsuit in September 2011, seeking to delay post-foreclosure eviction proceedings. Ps asserted claims for fraud, wrongful foreclosure due to fraud, slander of title, promissory estoppel, unreasonable collection, and a request for an accounting. D removed the case to federal court based on diversity jurisdiction. D moved to dismiss in that Ps failed to state a claim upon which relief can be granted because all their claims are barred by the statute of frauds. Ps allege that D promised not to foreclose on the property during a loan modification review process.