MOTION FOR JUDGMENT ON THE
CVSW2106956
PARKS VS REYES
PLEADINGS BY HELEN PARKS
Tentative Ruling:
Pursuant to the Court’s order issued on August 25, 2022 the parties have met and conferred
via
telephone
by
and
through
counsel
and
have
satisfied
their
obligation
according
to C.C.P.
§439(a)
In
2009
Plaintiff,
and
cross
defendant,
Parks
co-signed
on
a mortgage
loan
to enable
Defendant, and cross complainant Reyes to purchase a home. It appears that both sides concede
that
Plaintiff signed
the
loan
documents
without
any intent
to occupy or
own
the property,
but
rather, as an accommodation to the Defendant Cross complainant to enable her to borrow money
from
a
lender
when
she
otherwise
lacked
the
financial
wherewithal
to
finance
the
mortgage.
Neither party has addressed the effect that this apparent fraud on the lender would have
on the matter at hand in terms of whether either party can now move to enforce the ownership of
the mortgage that apparently was obtained by fraud.
The sufficiency