IN RE LLOYD

Bankruptcy No. 04-32921 TEC, Adversary No. 05-3328 TC.

369 B.R. 549 (2007)

In re Thomas LLOYD, Debtor. Jeffrey E. Hoffman, Plaintiff, v. Thomas R. Lloyd, an individual, Edward L. Blum, an individual, and Does 1 through 20, inclusive, Defendants. Thomas Lloyd, Cross-Plaintiff, v. Jeffrey E. Hoffman, dba H & B Properties; H & B Properties, LLC,; J. Edwards Investment Group, Inc., and Norcal Financial, Inc., Cross-Defendants.

United States Bankruptcy Court, N.D. California.

April 30, 2007.


Attorney(s) appearing for the Case

Catherine Schlomann Robertson, Ginger L. Sotelo, Stephen D. Pahl, Law Offices of Pahl and Gosselin, Stephen D. Pahl, Pahl & Gosselin, San Jose, CA, Dennis D. Davis, Goldberg, Stinnett, Meyers and Davis, San Francisco, CA, for Jeffrey E. Hoffman.

Jeffrey J. Goodrich, Law Offices of Goodrich and Assoc., Greenbrae, CA, for Thomas Lloyd.

Jerry R. Hauser, Phillips, Greenberg and Hauser, San Francisco, CA, for Edward L. Blum.

Catherine Schlomann Robertson, Law Offices of Pahl and Gosselin, Stephen D. Pahl, Pahl & Gosselin, San Jose, CA, Dennis D. Davis, Goldberg, Stinnett, Meyers and Davis, San Francisco, CA, for H & B Properties, LLC, J. Edwards Investment Group, Inc.

Dennis D. Davis, Goldberg, Stinnett, Meyers and Davis, San Francisco, CA, Thomas M. Gosselin, Law Offices of Pahl and Gosselin, San Jose, CA, for Norcal Financial, Inc.


OPINION

THOMAS E. CARLSON, Bankruptcy Judge.

The principal question presented is whether a homeowner who sells his home while facing foreclosure may cancel that sale long after the fact, because the sale contract omitted one of two notices of the right to cancel required under section 1695.5 of the California Home Equity Sales Contracts Act. Because the sale contract failed to provide notice of the right...

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