Diane Beall fka Templin v. Federal National Mortgage Association dba Fannie Mae, Ocwen Loan Servicing LLC, Quality Loan Service Corp., and Does 1 through 100
Published: Oct. 30, 2014 | Result Date: Aug. 3, 2014 |Case number: 5:13-cv-01621-DDP-DTB Bench Decision – Dismissal
Facts
Diane Beall formerly known as Templin, sued Federal National Mortgage Association doing business as Fannie Mae, Ocwen Loan Servicing LLC, and Quality Loan Service Corp.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that it obtained a mortgage loan from the failed Indymac Bank FSB. Onewest Bank FSB purchased the assets of Indymac's clients. Next, the note was later sold to Fannie Mae, which then sold the loan into its own Mortgage Backed Security Trust. Plaintiff contended that Fannie Mae then took a cut of each transaction while also serving as the seller, depositor, and trustee of the same trust. Meanwhile, plaintiff alleged that she and the courts were misled into believing that Onewest owned the loan. Plaintiff also accused Onewest of actively participating in this deception by offering modification to her while knowing that Fannie Mae would not allow such modifications.
Plaintiff claimed that defendants made certain representations, resulting in damages. The damages included over-payment to the wrong party, damage to plaintiff's credit, cloud to the title on plaintiff's property, plaintiff faced imminent foreclosure of her property, attorney fees and costs, and other damages.
Plaintiff asserted claims for declaratory relief, cancellation of instruments, slander of title, quasi contract, violation of 15 U.S.C. Section 1641(g), quiet title, Business and Professions Code Section 17200 et seq., unjust enrichment, breach of contract, and conspiracy.
DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss plaintiff's complaint.
Result
The court granted defendants' motion to dismiss with prejudice.
Other Information
FILING DATE: Sept. 10, 2013.
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