Grigorian

BACKGROUND

1. Complaint The facts are taken from the operative TAC, which we accept as true. (Aceves v. U.S. Bank N.A. (2011) 192 Cal.App.4th 218, 222 (Aceves).) Plaintiff obtained a $386,000 mortgage loan on his home in May 2006. In 2007 he was laid off from his employment, and between 2007 and 2009 he experienced some financial hardships and exhausted his resources attempting to keep up with his mortgage payments. Starting in December 2009, he sought assistance from defendants to avoid foreclosure. Nevertheless, on November 5, 2011, defendants recorded a notice of default to commence foreclosure proceedings. Between October and December 2011, plaintiff sought advice from bankruptcy counsel regarding the foreclosure, who advised him that a chapter 13 bankruptcy proceeding would enable him to save his home if he could present and have a plan confirmed by the bankruptcy court. That plan could allow him to maintain his current mortgage payments while paying off any arrearages over a period of up to five years, which would cure his default and result in the full reinstatement of his mortgage loan. According to plaintiff, with his wife’s income he was willing and able to propose such…