Facts

Jose Ramirez and Maria Ramirez sued JPMorgan Chase Bank NA and Select Portfolio Servicing Inc. in relation to the foreclosure of their home.

PLAINTIFFS' CONTENTIONS:
Plaintiffs filed this action seeking to prevent the foreclosure of their property following their default. Defendant Select Portfolio Servicing allegedly failed to provide them with a single point of contact to coordinate the loan modification review process. Select Portfolio Servicing also allegedly failed to provide plaintiffs with a written acknowledgement of receipt of their modification documents. Plaintiffs asserted causes of action for violation of California's Homeowners Bill of Rights, negligence, and unfair business practices.

DEFENDANTS' CONTENTIONS:
Select Portfolio Servicing demurred, challenging the sufficiency of plaintiffs' allegations. Plaintiffs allegedly failed to state facts sufficient to constitute a cause of action. Plaintiffs allegedly filed this action to delay any possible non-judicial foreclosure of their property following plaintiffs' default on their loan.

Result

The court sustained Select Portfolio Servicing's demurrer with leave to amend. Among other things, the court found that plaintiffs' lacked standing to assert the claims because there was no impending foreclosure of their property.

Other Information

FILING DATE: Aug. 23, 2016.