Parker

INTRODUCTION

Plaintiffs and appellants Erwin L. Parker and Deborah Brown-Parker (plaintiffs) appeal from judgment of dismissal after an order sustaining a demurrer to their complaint without leave to amend in favor of defendant and respondent Wells Fargo Home Mortgage (defendant). Plaintiffs contend that the trial court erred in sustaining the demurrer, concluding that plaintiffs’ lawsuit was barred by the doctrine of res judicata and was preempted by the Home Owners’ Loan Act (12 U.S.C. §§ 1461 et seq.) (HOLA). We affirm.

BACKGROUND

Plaintiffs owned real property located in Lakewood, California (the Property) pursuant to a grant deed giving them title as “husband and wife, as joint tenants.” Plaintiffs, as “husband and wife,” borrowed $850,000.00 from defendant’s predecessor, Wachovia Mortgage, FSB (Wachovia), and executed an adjustable rate mortgage loan (the Loan). Plaintiffs, as “HUSBAND AND WIFE,” secured the Loan with a deed of trust on the Property, in favor of Wachovia and “its successors and/or assignees.” Wachovia merged with defendant, and according to defendant Wachovia became a division of defendant. Plaintiffs made payments on the Loan, but they ultimately stopped…