Duenas-Rendon v. Wells Fargo Bank, N.A.
Annotate this CaseBorrower-appellant Maria Duenas-Rendon sued her mortgage lender, Wells Fargo Bank, claiming that its foreclosure on her home violated the terms of their contract. On appeal, she argued that the lender waived its right to foreclose when it continued to accept monthly mortgage payments after recording a notice of default, leading her to believe that it no longer intended to foreclose. The lender responded that it closely followed the contractual procedures for default and acceleration and that its acceptance of payments did not waive its right to foreclose in light of the parties' agreement permitting it to do so once the loan was in default. The superior court granted summary judgment to the lender. On appeal, appellant argued the superior court erred in granting summary judgment and also that it should have addressed an outstanding discovery motion before deciding the case in the lender's favor. Finding no error, the Supreme Court affirmed.
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