Miller v. Washington Mutual Bank FA

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

In this mortgage loan dispute, defendants move to dismiss the action pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, the motion is Granted in Part and Denied in Part.

STATEMENT

Defendants Washington Mutual Bank, JPMorgan Chase Bank National Association, and California Reconveyance Company all participate in the mortgage servicing business. In March 2005, Plaintiff Kristen Lynn Miller acquired real property located at 5178 East Lakeshore Drive, San Ramon, with a mortgage loan of $640,000 that she obtained from Washington Mutual. The loan was secured by a deed of trust that identified California Reconveyance as the trustee. Plaintiff alleges that the loan documents were not clearly explained to her before she signed them. Specifically, she alleges that she was not informed of the correct interest rate, loan repayment terms, or cost and fees for the loan. In 2010, California Reconveyance issued a notice of default and a notice of trustee’s sale for the property.

Defendants have submitted exhibits documenting the relationship among the parties, requesting that judicial…