Northern California Record

Monday, November 18, 2019

Bank alleges Fresno property owners failed to provide correct legal description in deed

By Noddy A. Fernandez | Nov 20, 2017

General court 4

FRESNO — A bank is suing Fresno property owners, alleging negligent misrepresentation.

Bank of America NA filed a complaint Oct. 20 in Fresno County Superior Court against John Q. Nguyen; Van N. Nguyen, and Does 1 through 50, alleging the defendants made an incorrect legal description while executing a deed of trust for the property at 4522 E. San Gabriel Ave., Fresno.

According to the complaint, on May 30, 2006, Bank of America executed a deed of trust securing a loan in favor of the Nguyens. The suit says the legal description contained in the deed of trust was incorrect and did not comply with the intentions of the parties. 

The plaintiff alleges the defendants failed to provide the correct legal description executed in the deed of trust and failed to comply with rules while securing a loan.

Bank of America seeks trial by jury, an order modifying, revising and reforming the deed of trust, costs of suit and all other relief the court deems proper. It is represented by attorney Leticia "Tia" Butler of McCarthy & Holthus LLP in San Diego.

Fresno County Superior Court case number 17CECG03638

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Fresno County Superior Court