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BALDERAS v. COUNTRYWIDE BANK, N.A.

No. 10-55064.

664 F.3d 787 (2011)

Victor BALDERAS and Belen Balderas, Plaintiffs-Appellants, v. COUNTRYWIDE BANK, N.A., a National Banking Association; AAA Funding, Inc., DBA First USA Funding, a California corporation; Countrywide Home Loans, Inc., DBA America's Wholesale Lender, a New York corporation; Mor Cazakov, an individual; Galena Korol, an individual; Does 1 through 10, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2011.

Attorney(s) appearing for the Case

Kevin J. Griffith (argued), Dayna C. Carter , Griffith Johnson, LLP, Long Beach, CA, for appellant Victor Balderas, et al.

Stuart W. Price , Aaron M. McKown and Paula L. Zecchini (argued), Bryan Cave LLP, Irvine, CA, for appellee Countrywide Bank, et al.

Opinion by Chief Judge KOZINSKI; Concurrence by Judge IKUTA.

OPINION

KOZINSKI, Chief Judge:

The Balderases allege that they are immigrants who were rooked by a bank that signed them up for loans it knew they couldn't afford, on terms they didn't agree to. These are the facts as recited in the complaint: Mor Cazakov, a mortgage broker, cold-called the Balderases, representing that he could refinance their home, switch them to a fixed rate mortgage and let them cash out $50,000, all without a penalty. Subsequently,...

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