Falcocchia
Falcocchia v. Saxon Mortgage, Inc.
Opinion
Opinion
Karlton, J.
ORDER
This case involves the foreclosure of plaintiffs’ mortgage. Their First Amended Complaint (“FAC”) names enumerates nme causes of action. Defendants Saxon Mortgage, Inc., Saxon Mortgage Services, Inc., and Deutsche Bank Trust Company Americas move to dismiss all claims against them. The court concluded that oral argument was not necessary in this matter, and decides the motion on the papers. For the reasons stated below, the motion to dismiss is granted in part.
I. BACKGROUND
A. Refinancing
On or about July 12, 2006, Greg Roh (who is not party to this suit) approached plaintiffs soliciting refinancing of a loan currently secured by plaintiffs’ property in Yuba City, California. FAC ¶ 13. Roh, a mortgage broker, informed plaintiffs that a mortgage from defendants Saxon Mortgage and Saxon Mortgage Services would give them the “best deal” and “best interest rates” available on the market. Id.
On July 13, 2006, in a loan brokered by Roh, plaintiffs borrowed $408,000 from Saxon Mortgage and Saxon Mortgage Services to refinance plaintiffs’ existing home loan. Defendants’ Request for Judicial Notice (“Defs.’ RFJN”) Ex. 1; FAC ¶ 13. The new loan was secured by a deed of trust on…