Madrid

INTRODUCTION

After plaintiffs and appellants Kimberly and Arnold Madrid defaulted on their home loan, they entered into an Affordable Modification Trial Period Plan (TPP) with their lender, defendant and appellant CitiMortgage, Inc. Believing that CitiMortgage thereafter entered into a permanent loan modification agreement with them, the Madrids continued to send reduced payments to the loan’s servicer, defendant and appellant Saxon Mortgage Servicing, Inc.1 Saxon, however, rejected the Madrids’ payment and, after a notice of default was recorded, defendants and appellants CEREF REO II, LLC; CEREF Partners I, LP; Ron McMahan; and Ron Brandenburg foreclosed on the Madrids’ property.2 The Madrids filed this action for, among other things, wrongful foreclosure. During the pendency of the action, the Madrids abandoned any claim that they entered into a permanent modification agreement and asserted other theories of liability. Judgment, however, was entered on the pleadings in the defendants’ favor. The Madrids appeal, asserting, among other things, that they can amend their complaint. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual background.

In March…