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Country Wide Appeals Ruling 9th District 10-55064

Country Wide Appeals Ruling 9th District 10-55064

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Published by Benjamin Kelsen
A week after settling a landmark federal discrimination case, Bank of America Corp's Countrywide unit was ordered to face a lawsuit by a Hispanic couple who said it applied excessive pressure to refinance their home on terms they did not accept and could not afford.

In an opinion by a prominent Republican-appointed judge, the 9th U.S. Circuit Court of Appeals in Pasadena, California said a lower court was wrong to dismiss the complaint by Victor and Belen Balderas, who claimed they could not read the English language loan documents they signed.

Countrywide was accused of violating the federal Truth in Lending Act by refusing to let the couple cancel their 2006 refinancing as the law allowed.
A week after settling a landmark federal discrimination case, Bank of America Corp's Countrywide unit was ordered to face a lawsuit by a Hispanic couple who said it applied excessive pressure to refinance their home on terms they did not accept and could not afford.

In an opinion by a prominent Republican-appointed judge, the 9th U.S. Circuit Court of Appeals in Pasadena, California said a lower court was wrong to dismiss the complaint by Victor and Belen Balderas, who claimed they could not read the English language loan documents they signed.

Countrywide was accused of violating the federal Truth in Lending Act by refusing to let the couple cancel their 2006 refinancing as the law allowed.

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Published by: Benjamin Kelsen on Dec 30, 2011
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12/30/2011

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FOR PUBLICATION
UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT
 
V
ICTOR
B
ALDERAS
and B
ELEN
B
ALDERAS
,
Plaintiffs-Appellants,
v.C
OUNTRYWIDE
B
ANK
, N.A., aNo. 10-55064National Banking Association;D.C. No.AAA F
UNDING
, I
NC
., DBA First3:09-cv-00564-USA Funding, a California
MMA-JMAcorporation; C
OUNTRYWIDE
H
OME
L
OANS
, I
NC
., DBA America’sWholesale Lender, a New York 
OPINION
corporation; M
OR
C
AZAKOV
, anindividual; G
ALENA
K
OROL
, anindividual; D
OES
1 through 10,inclusive,
 Defendants-Appellees.
Appeal from the United States District Courtfor the Southern District of CaliforniaMichael M. Anello, District Judge, PresidingArgued and SubmittedJune 9, 2011—Pasadena, CaliforniaFiled December 29, 2011
21507
 
Before: Alex Kozinski, Chief Judge, Sandra S. Ikuta,Circuit Judge and Lawrence L. Piersol,Senior District Judge.*Opinion by Chief Judge Kozinski;Concurrence by Judge Ikuta 
*The Honorable Lawrence L. Piersol, Senior District Judge for the U.S.District Court for South Dakota, sitting by designation.
21508B
ALDERAS
v. C
OUNTRYWIDE
B
ANK
 
COUNSEL
Kevin J. Griffin (argued), Griffith Johnson, LLP, Dana Point,California; Nathan J. Sheridan and Dayna C. Carter, Good-man, Sheridan & Roff, LLP, Lake Forest, California, forappellant Victor Balderas, et al.Stuart W. Price, Aaron M. McKown and Paula L. Zecchini(argued), Bryan Cave LLP, Irvine, California, for appelleeCountrywide Bank, et al.
OPINION
KOZINSKI, Chief Judge:The Balderases allege that they are immigrants who wererooked by a bank that signed them up for loans it knew theycouldn’t afford, on terms they didn’t agree to. These are thefacts as recited in the complaint: Mor Cazakov, a mortgagebroker, cold-called the Balderases, representing that he couldrefinance their home, switch them to a fixed rate mortgageand let them cash out $50,000, all without a penalty. Subse-quently, Soraya Qassim, a “duly authorized agent” of Coun-trywide Bank (Countrywide), filled out a uniform residential
21510B
ALDERAS
v. C
OUNTRYWIDE
B
ANK

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