U.S. Bank Nat. Assn. v. Singh CA1/1

I.

FACTUAL AND

PROCEDURAL BACKGROUND

This case arises out of a foreclosure dispute involving the Singhs’ real property in Danville. In April 2006, Rajinder Singh (Mrs. Singh) obtained a $1.575 million adjustable-rate loan from First Franklin, a division of National City Bank of Indiana. The loan was secured by a deed of trust encumbering the property, and the trial court found that the deed of trust was ultimately assigned to U.S. Bank. In October 2010, Mrs. Singh submitted an application for a loan modification to First Franklin’s servicing agent, Select Portfolio Servicing, Inc. (SPS). Mrs. Singh claims that SPS told her that the application was denied because she had not yet missed a

1 loan payment. In January 2011, the Singhs made only half of their monthly loan payment. Mrs. Singh explained that was all they could afford. That same month, Mrs. Singh renewed her request for a loan modification. On February 17, 2011, SPS sent Mrs. Singh a notice of default. Over the next several months, Mrs. Singh spoke with various representatives at SPS who advised her to make whatever payments she could while her application for a loan modification was pending. On January 5, 2012, while…