Facts

Plaintiff sued defendant, the servicer of her residential mortgage loan, after she defaulted on the loan and her home went into foreclosure.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant violated the Homeowner's Bill of Rights by engaging in "dual tracking." She alleged that it failed to fairly evaluate her application for a loan modification. She claimed that she was unable to cure the default on her loan because of unnecessary fees that defendant added to the loan balance.

She asserted causes of action for violations of California Civil Code Section 2923.6 (part of the Homeowner's Bill of Rights), negligence, violations of Business and Professions Code Section 17200, and demand for accounting.

DEFENDANT'S CONTENTIONS:
Defendant contended in its demurrer, that plaintiff brought no valid claims against it and that her action was an unjustified effort to interfere with the foreclosure process following her default.

Result

The court sustained defendant's demurrer with 20 days leave to amend.