Eric D. Bailey v. LoanCare LLC and Lakeview Loan Servicing LLC

I. BACKGROUND

A. Facts Alleged in the FAC3 At issue in this case is certain real property located in Victorville, California (“Property”). See FAC ¶ 1. “[T]he property was encumbered by a deed of trust securing a mortgage loan,” in the amount of $372,135.00. Id. ¶ 12; Ex. 1, FAC.4 The Deed of Trust recorded on July 21, 2023, indicates that Defendant Golden Empire Mortgage, Inc. (“Golden Empire”) was the lender. Ex. 1, FAC. LoanCare became the loan servicer for the Property. FAC ¶ 2.

Following acquisition of the Property, “Plaintiff made payments on the mortgage loan and maintained homeowner’s insurance on the Property.” Id. ¶ 13. Prior to January 12, 2024, Plaintiff “sent a debt validation request” to Defendants pursuant to the Fair Debt Collection Practices Act, requesting verification of the debt, the amount owed, the identity of the creditor, and “legal basis for collection.” Id. ¶ 14. 1. Golden Empire’s Alleged Conduct Plaintiff alleges that Golden Empire did not provide “proper debt validation.” See id. ¶ 15. Instead, Golden Empire allegedly sent “unsolicited loan modification documents,” which Plaintiff rejected. Id. ¶ 15, 18. Specifically, from January 9…