A homeowner became delinquent on his mortgage and the lender started foreclosure. The homeowner sought to obtain a loan modification from his lender and submitted his offer for a loan workout plan. As part of the plan, the homeowner made four payments under a trail modification period. Two of the homeowner’s payments were returned to the homeowner since the homeowner failed to submit the required documentation verifying his income and eligibility for the modification to the lender. The homeowner sought to cancel the trustee’s deed, claiming the lender retained two of the four payments made under the modification. The lender claimed the loan modification was never agreed to since the owner did not submit the required documents and thus the trustee’s sale was valid. A California court of appeals held the trustee’s sale was valid since the homeowner did not submit the required loan modification documentation to the lender and no enforceable modification agreement was entered into. [Nungaray v. Litton Loan Servicing (November, 23 2011) 200 CA4th 1499]