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Contracts
Breach of Contract
Cancellation of Written Instrument

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)

Kevin S. Kim


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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