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CHAVEZ v. INDYMAC MORTGAGE SERVICES

No. D061997.

219 Cal.App.4th 1052 (2013)

162 Cal. Rptr. 3d 382

ANGELICA CHAVEZ, Plaintiff and Appellant, v. INDYMAC MORTGAGE SERVICES et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

September 19, 2013.

Attorney(s) appearing for the Case

Law Offices of Frank De Santis, Frank De Santis and Valorie E. Ryan for Plaintiff and Appellant.

Kent Qian for National Housing Law Project as Amicus Curiae on behalf of Plaintiff and Appellant.

Elizabeth Letcher for Housing and Economic Rights Advocates as Amicus Curiae on behalf of Plaintiff and Appellant.

Law Office of Eric Andrew Mercer and Eric Mercer as Amicus Curiae on behalf of Plaintiff and Appellant.

Malcolm Cisneros, William G. Malcolm and Brian S. Thomley for Defendants and Respondents.

OPINION

McINTYRE, J. —

In this case, a lender mailed a homeowner a loan modification agreement under the Home Affordable Mortgage Program (HAMP). The homeowner signed, returned and performed under the loan modification agreement. The lender, however, never mailed the homeowner a signed copy of the loan modification agreement. We conclude the homeowner sufficiently alleged equitable estoppel to preclude the lender's reliance on the statute...

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