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Statute of Frauds

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Reeder v. Specialized Loan Servicing, LLC (2020)

Plaintiff alleged that before he entered into a HELOC in 2005, the lender orally promised him that its maturity in ten years, the lender would refinance the loan or extend its term.  The lender didn't and foreclosed instead when the plaintiff didn't repay all amounts due at maturity of the loan.  Held:  (1) The statute of frauds barred plaintiff's breach… Read More

Jacobs v. Locatelli

Neither the statute of frauds nor the parol evidence rule precluded a real estate broker’s suit for her commission, as she could rely on extrinsic evidence to show that the one owner who signed her listing agreement did so as agent for the other owners.  Read More