Hetrick
Hetrick v. Deutsche Bank Nat. Trust Co. CA5
Opinion
Opinion
FACTS AND PROCEDURAL HISTORY
On August 22, 2006, plaintiff Benjamin Hetrick obtained a mortgage loan in the amount of $530,000 (the loan) from Plaza Home Mortgage, Inc. (the lender). The
Defendant was sued under the following name and capacity: “Deutsche Bank National Trust Company as Trustee of the Residential Asset Securitization Trust 2006-A13, Mortgage Pass-Through Certificates, Series 2006-M under the Pooling and Servicing Agreement Dated October 1, 2006 .…” (Some capitalization omitted.) “As authorized by Congress, the United States Department of the Treasury implemented the Home Affordable Mortgage Program (HAMP) to help homeowners avoid foreclosure during the housing market crises of 2008. ‘The goal of HAMP is to provide relief to borrowers who have defaulted on their mortgage payments or who are likely to default by reducing mortgage payments to sustainable levels, without discharging any of the underlying debt.’ [Citation.]” (West v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 780, 785.) Unless otherwise indicated, all further statutory references are to the Code of Civil Procedure.
2. monthly payments under the terms of the loan were…