BLACK v. FINANCIAL FREEDOM SENIOR FUNDING

No. A092156.

112 Cal.Rptr.2d 445 (2001)

92 Cal.App.4th 917

Corinne E. BLACK, as Trustee, etc., Plaintiff and Appellant, v. FINANCIAL FREEDOM SENIOR FUNDING CORPORATION, et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

Review Denied January 23, 2002.


Attorney(s) appearing for the Case

Dario de Ghetaldi, George R. Corey, Millbrae, Corey, Luzaich, Manos & Pliska LLP, Attorneys for Appellant.

James H. Fleming, Edward Romero, Walnut Creek, Fleming & Phillips, LLP, Attorneys for Respondents (Financial Freedom Senior Funding Corp., Beverly Mirtle, MRCo., ULLICO, Inc., Union Labor Life Insurance Co.).

Michael P. Verna, Walnut Creek, Donald A. Velez, Lawrence D. Goldberg, Bowles & Verna, Attorneys for Respondent (James R. Mahoney).

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Herschel T. Elkins, Senior Assistant Attorney General, Ronald Reiter, Supervising Deputy Attorney General, Michele R. Van Gelderen, Deputy Attorney General, Attorney General for the State of California as Amicus Curiae.


HAERLE, J.

I. INTRODUCTION

In 1994, Charles T. Black1 and Corinne E. Black (the Blacks), then 68 and 67 years of age respectively, entered into a reverse mortgage with Freedom Investment Fund, Inc. (Freedom Investment), using their home as the basis for the mortgage. In 1998, the Blacks, as trustees for the Charles T. Black and Corinne E. Black Trust Agreement, brought this action against Freedom Investment and a host of

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