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In 2005, petitioners obtained a $359,650 mortgage from PNC Mortgage for the purchase of a home. In 2013, petitioners became unable to make their mortgage payments and contacted PNC for hardship assistance. PNC failed to send a hardship assistance package to petitioners. Despite that failure, PNC later notified petitioners that their request for hardship assistance was denied “because PNC did not receive a completed hardship assistance package” from petitioners and recorded a notice of default. In November 2013, petitioners submitted a loan modification agreement to PNC; in December 2013, PNC confirmed that it had received a complete package. Despite that pending loan modification, PNC recorded a notice of trustee’s sale of the property in January 2014. Petitioners immediately called PNC and were told that their loan modification had been denied due to missing documents.


From Real Property Law Reporter (Cal CEB [July 2015]) © The Regents of the University of California, reprinted with permission of CEB.