White

I.

INTRODUCTION

Maura White sued Wells Fargo Home Mortgage (Wells Fargo) for refusing to permanently modify her payment obligations under her home mortgage loan. After sustaining a demurrer to White’s second amended complaint without leave to amend, the trial court entered judgment in favor of Wells Fargo. We affirm.

II.

STATEMENT OF FACTS

A. Background1 In July 2003, White obtained a $397,000 adjustable rate mortgage loan from World Savings Bank, FSB (the loan). The loan was secured by a deed of trust against White’s residential property in Castro Valley. In 2008, World Savings Bank changed its

1 The trial court took judicial notice of documentary evidence pertaining to the background of this case, which is included in the Appellant’s Appendix and referenced by the parties in their briefs.

1 name to Wachovia Mortgage, FSB, and, in 2009, Wells Fargo merged with Wachovia and became the beneficial owner of White’s loan. According to an April 2010 “Notice of Default and Election to Sell Under Deed of Trust,” White stopped making payments on her loan in May 2009. A trustee sale was noticed for November 8, 2010. However, White avoided foreclosure by filing a Chapter 13…