Granadino v. Wells Fargo Bank, N.A.Annotate this Case
The complaint alleged that in May 2010, a notice of default was recorded against plaintiffs’ Pasadena residence. In August 2011, a notice of trustee sale was recorded. Plaintiffs retained Rex Law to negotiate a loan modification with Wells Fargo, which agreed to continue the trustee sale scheduled to October 17, 2011. On October 17, 2011, a paralegal from the Rex Law firm spoke with Wells Fargo representative Munoz, who stated that plaintiffs were “under active review for a modification and, therefore, there no longer was a trustee [sale] date scheduled.” In fact, a sale date of December 16, 2011 was scheduled. The house was sold at that sale. On December 10, 2011, the same paralegal spoke with Munoz and told her that plaintiffs’ tax returns were available. Munoz instructed him to submit the returns, but said nothing about the upcoming sale. The trial court rejected plaintiffs’ claim of promissory estoppel. The court of appeal affirmed, noting that no promise was made and that plaintiffs had no equity in the property and, therefore, no detrimental reliance.