Purganan
Purganan v. FCI Lender Services, Inc.
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 MARY GRACE PURGANAN, Case No. 24-cv-06192-MMC
Plaintiff,
ORDER DENYING EX PARTE
v. APPLICATION FOR TEMPORARY
RESTRAINING ORDER
FCI LENDER SERVICES, INC.,
Defendant.
13 Before the Court is plaintiff Mary Grace Purganan's "Ex Parte Application," filed today's date, "for a Temporary Restraining Order to Restrain the Trustee's Sale." Having reviewed the Complaint, the Application, and the declarations submitted in support of the Application, the Court rules as follows. Plaintiff alleges the $991,068.89 amount she is required to pay to avoid foreclosure is "overinflated due to unlawful default interest and an unlawful balloon late payment penalty." (See Compl. ¶ 33.) Plaintiff, however, who acknowledges she is in default of her loan, fails to show she has the necessary funds to pay the outstanding balance less the charges she disputes. Accordingly, a temporary restraining order to prohibit the sale…