Labrador

Labrador v. Seattle Mortgage Co.

Good Law

681 F. Supp. 2d 1106·2010 WL 289296·2010 U.S. Dist. LEXIS 3413

United States District Court, Northern District of CaliforniaJanuary 15, 2010Case 08-2270 SCCalifornia4,602 words

Opinion

Conti, J.

ORDER DENYING MOTION FOR SUMMARY JUDGMENT; GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT

I. INTRODUCTION

Two motions are now before the Court in this matter. The first is the Motion for Summary Judgment (“MSJ”) filed by Defendant Seattle Mortgage Company (“SMC” or “Defendant”). Docket No. 48. The second is Plaintiff Mary Labrador’s (“Labrador’s” or “Plaintiffs”) Motion for Leave to File First Amended Complaint (“Mot. to Amend”). Docket No. 51. Both Motions are fully briefed. Docket Nos. 56 (“PL’s Opp’n to MSJ”), 58 (“SMC Opp’n to Mot. to Amend”), 60 (“SMC Reply re MSJ”), 62 (“PL’s Reply re Mot. to Amend”). Having reviewed all of the briefing submitted by both parties, the Court hereby DENIES SMC’s Motion for Summary Judgment, and GRANTS Plaintiff leave to file a first amended complaint, for the reasons stated below.

II. BACKGROUND

This is a class action involving the legitimacy of certain fees that SMC has charged mortgagors who have entered into reverse mortgage transactions with SMC. According to Plaintiffs Complaint, a reverse mortgage, also known as a Home Equity Conversion Mortgage (“HE CM”), is a type of home equity loan available only to senior homeowners whereby the…

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