SAN JOSE – A Santa Clara County homeowner alleges a bank wrongfully initiated foreclosure actions on his home.
Giovanni Traino filed a complaint on Oct. 3 in the U.S. District Court for the Northern District of California against Wells Fargo Bank NA alleging that the creditor breached its duty of good faith and fair dealing.
According to the complaint, the plaintiff alleges that he has suffered irreparable injury from the imminent loss of his property because the defendant purportedly did not contact plaintiff in person or by telephone prior to recording the notice of default and he was also not informed of his foreclosure prevention options prior to foreclosure proceedings.
The plaintiff holds Wells Fargo Bank NA responsible because the defendant allegedly failed to satisfy the required due diligence requirements, failed to assess plaintiff's financial situation and failed to explore options with plaintiff to avoid foreclosure of his property.
The plaintiff requests rescission of the notice of default, temporary and permanent injunction, damages, disgorgement, attorney's fees, costs of suit and further relief as the court deems just. He is represented by Arasto Farsad of Farsad Law Office PC in Santa Clara.
U.S. District Court for the Northern District of California, San Jose Division Case number 5:16-cv-05620