Mattos
Mattos v. Nationstar Mortgage LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS MATTOS, No. 2:24-cv-02508-DJC-DMC 12 Plaintiff, 13 v. ORDER
NATIONSTAR MORTGAGE, LLC DBA
MR. COOPER; et al. Defendants. 17 Currently before the Court is Defendant Nationstar Mortgage LLC d/b/a Mr. Cooper’s Motion to Dismiss (Mot. (ECF No. 3)) Plaintiff Thomas Mattos’s Complaint (Compl. (ECF No. 1-5)). This case concerns the foreclosure of a residential property despite efforts by the self-identified successor in interest to the property to pay the mortgage on the property after the death of the original borrower. Defendant argues that Plaintiff had no right to the property and that foreclosure was proper. Because the Court finds that Plaintiff has not established himself as a “borrower” for purposes of the Homeowners Bill of Rights, has not stated a wrongful foreclosure claim, and has not met the “unlawful” or “fraudulent” prongs of the UCL, the Court GRANTS in part the Motion to Dismiss. However, the Court also finds that Plaintiff…