Valbuena
Valbuena v. Ocwen Loan Servicing CA2/5
Opinion
Opinion
Goodman, J.
Plaintiffs Amado and Myma Valbuena sued Ocwen Loan Servicing, LLC (Ocwen), following their lender’s purchase of their residence at a nonjudicial foreclosure sale. They allege that Ocwen violated Civil Code section 2923.6, the prohibition on “dual tracking” contained in the Homeowner Bill of Rights, when it conducted a foreclosure sale of their property while their loan modification application was pending. The trial court sustained Ocwen’s demurrer, ruling that plaintiffs’ failure to allege tender of the loan balance defeated their claims. We disagree, and so reverse the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiffs purchased the real property located at 360 East 238th Place in Carson (the property) in 2004. In August 2006, plaintiffs obtained from American Brokers Conduit a $485,000 loan secured by the property; that loan was assigned to Deutsche Bank in September 2011. At that time, plaintiffs were behind in their mortgage payments, having suffered financial difficulties.
On September 26, 2011, T.D. Service Company, as trustee, recorded a notice of default and election to sell under deed of trust on the property. The notice of default stated that plaintiffs…