Turner v. Wells Fargo Bank NA, No. 15-60046 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit affirmed the Bankruptcy Appellate Panel's affirmance of the bankruptcy court's grant of appellees' motion to dismiss Rosanna Mac Turner's and David Turner's Adversary Complaint without leave to amend. The panel held that the Turners' claims for wrongful foreclosure, breach of contract and the implied covenant of good faith and fair dealing under the Pooling and Servicing Agreement, and violation of the Unfair Competition Law were correctly dismissed without leave to amend because the Turners' lack of standing could not be cured by amendment. The panel also held that the district court correctly dismissed the Turners' claims for breach of contract and the implied covenant of good faith and fair dealing under the Deed of Trust (DOT) and violation of Cal. Civ. Code 2923.5 without leave to amend because any amendment would be futile. The panel explained that the DOT permitted the substitution of the Trustee, the Turners cannot allege that they suffered damages for the alleged breach of the implied covenant of good faith and fair dealing under the DOT, and appellees have complied with Section 2923.5, leaving the Turners no remedy.
Court Description: Bankruptcy. The panel affirmed the Bankruptcy Appellate Panel’s decision affirming the bankruptcy court’s dismissal of an adversary proceeding. After the bankruptcy court granted relief from the automatic stay to allow a foreclosure to proceed, the debtors filed an adversary proceeding alleging that the transfer of a deed of trust for their property to a mortgage-backed security trust, which was securitized pursuant to a Pooling and Servicing Agreement, was void and a breach of the
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.