Coker v. JPMorgan Chase BankAnnotate this Case
Under Cal. Code Civ. Proc. 580b, when an individual borrows money from a bank to buy a home and the bank forecloses on the home, the bank can collect proceeds from the foreclosure sale but may not obtain a deficiency judgment against the borrower. In this case, a Borrower arranged a short sale of her home and sold her home to a third party for an amount that fell short of her outstanding loan balance to a Bank. The Bank then demanded the balance remaining on the Borrower’s home. The Borrower brought this declaratory action, claiming that section 580b prohibited the Bank from collecting the deficiency. The trial court sustained the Bank’s demurrer. The court of appeals reversed, concluding that section 580b’s protections apply after a short sale, not just a foreclosure. The Supreme Court affirmed, holding that section 580b applies to short sales just as it does to foreclosure sales.