Mortera
Mortera v. North America Mortgage Co.
Opinion
Opinion
Orrick, J.
OPINION AND ORDER
In this private attorney general action under § 17200 et seq. of the California Business and Professions Code, brought by plaintiff Isabel Mortera (“Mortera”) against defendant North American Mortgage Company (“North American”) to enjoin it from charging California veterans who participate in the VA Home Loan Guaranty Program (the “VA Program”) certain fees, and was removed by North American to this Court, Mortera now moves to remand the case back to the Superior Court of the County of Alameda. For the reasons set forth hereinafter, the motion is granted.
I.
The following summary of the facts of this case is taken from the allegations in plaintiffs complaint filed in the Superior Court.
The VA Program permits eligible veterans of the United States Armed Forces to purchase homes with mortgages backed by the federal government. (Id. ¶ 2.) State and federal law limit the type and amount of fees and costs that a lender may charge a veteran participating in the VA Program. (Id. ¶ 4.) Mortera alleges that North American violates the law by charging veterans excess fees for loans originated by mortgage brokers. (Id-¶ 5.)