(PS) Avila v. NewRez LLC

Good Law
United States District Court, Eastern District of CaliforniaOctober 3, 20242:24-cv-02264California1,767 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAVID ANTHONY AVILA, et al, No. 2:24-cv-02264-TLN-CSK Plaintiffs, v. ORDER NEWREZ LLC, et al., Defendants. 16 This matter is before the Court on Plaintiffs David Anthony Avila and John Hayne’s (“Plaintiffs”) Amended Motion for Preliminary Injunctive Relief. (ECF No. 6.) Defendants NewRez LLC, JP Morgan Mortgage Acquisition Corporation, and Peak Foreclosure Services, Inc. (collectively, “Defendants”) did not file an opposition. For the reasons set forth below, the Court DENIES Plaintiffs’ motion. /// /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiffs, who are proceeding pro se, initiated this action to challenge a mortgage foreclosure of their home. (ECF No. 1 at 1.) Plaintiffs allege that despite making timely regular mortgage payments and having valid homeowners’ insurance, Defendants rejected Plaintiffs’ mortgage payment “alluding” he did not have homeowners’ insurance. …

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