Take My Word For It. . .The Foreclosure Sale Was Canceled.

A notice of default had been recorded against plaintiffs’ residential property, and a notice of trustee sale was also recorded. Plaintiffs retained a lawyer to negotiate a loan modification with the lender. In their complaint for promissory estoppel, plaintiffs allege the lender agreed to continue the scheduled trustee sale and negotiate a loan modification. Discussions between the lender and the law firm continued until a few days before the house was sold at a trustee sale. The trial court granted the lender’s motion for summary judgment. On appeal, the lender argued the trial court was correct in not considering evidence of oral conversations between the law firm and the lender’s employee. Civil Code section 1624, subsection (a), subdivision (3), states that any agreement pertaining to the sale of real property or an interest therein is invalid unless it is memorialized in writing and signed by the party to be charged. Civil Code section 2922 states a mortgage or deed of trust is subject to the statute of frauds. Civil Code section 1698 states that an agreement that modifies a contract subject to the statute of frauds is likewise subject to the statute of frauds. In affirming the grant of summary judgment, the appellate court stated the trial court did not err in finding that plaintiffs’ claim was barred by the statute of frauds. (Granadino v. Wells Fargo Bank, N.A. (Cal. App. Second Dist., Div. 2; April 29, 2015) 236 Cal.App.4th 411 [186 Cal.Rptr.3d 408].)