U.S. Bank National Assn. v. Yashouafar

In U.S. Bank National Assn. v. Yashouafar (2014) 232 Cal.App.4th 639, an action the Bank brought against the guarantors of the loan at issue in this case, we addressed the calculation of a prepayment fee under the Note and Deed of Trust. The Court held that "under the clear and explicit terms of the Note and Deed of Trust at issue in this case, no prepayment fee was due until the guarantors actually prepaid the Note's indebtedness." (Id. at p. 648.) Thus, we rejected the Bank's argument and trial court's ruling that the prepayment fee was calculated as of the Bank's June 24, 2011, acceleration of the indebtedness. (Id. at p. 647.)