Martinez
Christopher Martinez v. Specialized Loan Servicing, LLC; The Bank of New York Mellon fka The Bank of New York, as Indenture Trustee for the Noteholders of CWHEQ, Inc., Revolving Home
Opinion
trial_court Opinion
I. Factual Background
7 On January 23, 2001, plaintiff and his wife purchased 8 the property at issue. (TAC at 6.) On November 7, 2006, 9 plaintiff used his equity in the property to obtain a home equity 10 line of credit for $111,800.00 via deed of trust. (Id.) 11 Specialized services this loan, and BONY is plaintiff’s loan 12 beneficiary. (Id. at 3.) 13 On May 6, 2008, plaintiff filed for chapter 7 14 bankruptcy and received a discharge on August 11, 2008. (Id. at 15 6.) Plaintiff mistakenly believed that the bankruptcy 16 extinguished his loan obligations to defendants. (Id.) After 17 exiting bankruptcy, plaintiff did not receive any monthly 18 statements on the loan for more than 15 years. (Id.) 19 On June 22, 2023, a notice of default was recorded on 20 the property, stating that plaintiff owed $157,088.00 on the 21 loan. (Id. at 7.) Between June 22, 2023, and July 26, 2023, 22 plaintiff attempted to cure the default informally by contacting 23 Specialized. (Id.) Specialized offered to reinstate the loan 24 for $159,596.47, which included about $40,000.00 in additional 25 interest payments. (Id.) Plaintiff did not accept this offer. 26 (Id. at 8.) Instead,…