Gayosso v. Wells Fargo Bank N.A. CA4/3
Plaintiff David Gayosso appeals from a judgment of dismissal entered after the court sustained defendant Wells Fargo Bank’s (Wells Fargo) demurrer to his second amended complaint (SAC) without leave to amend. According to the SAC, Gayosso’s home was foreclosed upon after he made payments under a forbearance agreement. Wells Fargo had offered him a loan modification, but it required a second lien holder to subordinate the second lien to the modified loan. The second lienholder refused, and Wells Fargo, in turn, denied the request for a modification. Gayosso contends Wells Fargo was obligated to offer him an unconditional loan modification. The forbearance agreement, however, states otherwise: “The lender is under no obligation to enter into any further agreement, and this [forbearance agreement] shall not constitute a waiver of the lender’s right to insist upon strict performance in the future.” We affirm the judgment.
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