Rudy Carmona v. Ocwen Loan Servicing LLC, Deutsche Bank National Trust Company as Trustee for GSAA Home Equity Trust 2006-11; Mortgage Electronic Registration Systems Inc., and Does 1 to 10, inclusive
Published: Mar. 4, 2017 | Result Date: Feb. 6, 2017 | Filing Date: Jan. 1, 1900 |Case number: 30-2016-00865531-CU-OR-CJC Bench Decision – Defense
Court
Orange Superior
Attorneys
Plaintiff
Anthony P. Cara
(CDLG PC)
Peter L. Nisson
(Nisson & Nisson)
Defendant
Brian A. Paino
(McGlinchey Stafford)
Facts
Plaintiff brought a complaint relating to his Yorba Linda residence. He asserted violation of Civil Code section 2923.7; violation of Civil Code section 2924.10; negligence; unfair business practices; and cancellation of written instruments.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants violated various California statutes and the Homeowner Bill of Rights (HBOR) relating to the handling of his loan modification application.
DEFENDANTS' CONTENTIONS:
In their motion for judgment on the pleadings, defendants contended that plaintiff failed to allege that he came within the protection of the HBOR.
Result
The court granted defendants' motion with 20 days leave to amend.
Other Information
FILING DATE: July 25, 2016.
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