Nunn v. JPMorgan Chase Bank N.A.
Annotate this Case
The Nunns refinanced the mortgage on their Nampa home in 2006 with a negative amortization loan. The payments jumped from about $2,900 per month to $4,300 in 2008. The Nunns defaulted and, in January 2009, applied for a loan modification. In 2010, Chase denied the application. In 2011, the Nunns filed suit, alleging wrongful foreclosure. The superior court granted Chase summary judgment. The court of appeal reversed; a remittitur was filed in the superior court on July 18, 2016. Chase sold the house in a foreclosure sale and acquired the property.
In April 2017, the Nunns filed a notice of lis pendens. They had until July 18, 2019, to bring their case to trial, Code of Civil Procedure 583.320. In March 2019, Chase advised the court of its intent to complete discovery by “Summer 2019” and to move for summary judgment. In May 2019, a trial date was set for January 13, 2020. In August, the case was dismissed because the three-year deadline for bringing the case to trial had passed. The Nunns filed post-judgment motions, seeking to correct the minutes of the May 2019 hearing to reflect that the January 2020 trial date was set by agreement. Chase admitted requesting a trial date that would allow further discovery.
The court of appeal reversed the dismissal for failure to prosecute. The parties’ agreement to a trial date outside the three-year period extended the statutory deadline to that trial date.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.