Ruth Santana v. Select Portfolio Servicing Inc., et al.
Published: Nov. 5, 2021 | Result Date: Oct. 8, 2021 | Filing Date: Dec. 21, 2020 |Case number: 20STCV48687 Summary Judgment – Defense
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Anthony P. Cara
(CDLG PC)
Defendant
Neil J. Cooper
(Houser LLP)
Facts
Ruth Santana submitted a loan modification application to Specialized Loan Servicing. Specialized Loan Servicing is a mortgage servicing company that collects on residential mortgages. Besides loan modifications, it purchases mortgage loans from other lenders or banks. Santana filed suit against Specialized Loan and Times Square Revolving Trust after her loan modification application went unacknowledged and she was not assigned a point of contact.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants violated several Civil Code sections that pertain to loan servicing. Specifically, Civil Code Section 2923.7 which requires a loan servicer to promptly establish a single point of contact and provide the borrower with a means of communication with that contact. She further alleged violations of Section 2924.10 and unfair competition laws.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions. Defendant noted that it provided a point of contact the day after plaintiff submitted its loan modification application. Also, defendant did provide receipt of the application within five days as required by statute. As to the unfair competition laws, defendants informed plaintiff as to when and what further information was necessary to complete her application, and also acknowledged and responded to her communications. Finally, they notified her when the loan was sold or assigned.
Result
Summary judgment was granted in favor of defendant.
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