Facts

Maria Martin sued Pennymac Loan Services LLC, alleging wrongful foreclosure.

PLAINTIFF'S CONTENTIONS:
In 2009, plaintiff's then-husband Charles Martin took out a mortgage loan secured by a deed of trust on the subject property. Charles deeded the property to plaintiff in 2012, but because plaintiff was not named in the papers, the loan servicer refused to work with her. As a result, the Martins deeded the property to themselves as husband and wife. Defendant Pennymac thereafter began servicing the loans. Then, Charles died. Like the prior servicer, defendant was hesitant to deal with plaintiff because she was not the borrower. Defendant ultimately agreed, however, to consider plaintiff's loan modification application. In 2015, a notice of default was recorded and a trustee's sale was subsequently held. Plaintiff then sued defendant seeking relief under C.F.R. Section 1024.41 and unfair business practices.

DEFENDANT'S CONTENTIONS:
Defendant demurred, challenging the sufficiency of plaintiff's allegations.

Result

The court sustained Pennymac's demurrer with leave to amend.

Other Information

FILING DATE: Nov. 23, 2015.