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ARABIA v. BAC HOME LOANS SERVICING, L.P.

No. D060923.

208 Cal.App.4th 462 (2012)

145 Cal. Rptr. 3d 678

JAMES R. ARABIA, Plaintiff, Cross-defendant and Appellant, v. BAC HOME LOANS SERVICING, L.P., Defendant, Cross-complainant and Respondent.

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

August 13, 2012.

Attorney(s) appearing for the Case

James R. Arabia , in pro. per., for Plaintiff, Cross-defendant and Appellant.

Bryan Cave , Lee Marshall , Aaron M. McKown , Paula L. Zecchini , Aileen Hunter and Stacey L. Herter for Defendant, Cross-complainant and Respondent.

OPINION

HUFFMAN, Acting P. J. —

In this case, we are asked to determine if Code of Civil Procedure1 section 725a prohibits a loan servicer from filing a judicial foreclosure action in its name. We conclude it does not so long as the right to foreclose has been assigned to the loan servicer.

James R. Arabia refinanced his home with a mortgage loan secured...

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