Pooni

Facts Alleged by Appellants3 On or around August 9, 2006, appellants purchased the property at 10936 Haveshill Way, Mather, California 95655 (Property), with financing from Wells Fargo Bank. On or around January 3, 2008, Wells Fargo Bank transferred its deed of trust and promissory note for the Property to EMC Mortgage, LLC (EMC). On or around April 14, 2008, EMC foreclosed on the Property. At the time, appellants were current on their mortgage and there were no notices of default or trustee’s sale filed with the Sacramento County Recorder’s Office. EMC rescinded the foreclosure on or around April 30, 2008. Appellants continued to make timely payments to EMC until May 2009, when they contacted EMC to inquire about a loan modification. An unnamed person at EMC told appellants if they “went late” on their payments, they would receive a loan modification, and assured them that doing so would not trigger foreclosure proceedings or affect their credit. Appellants went late on their payments and applied for a modification. They were placed in a trial modification beginning in June 2009, and

3 The original complaint is not included in the record on appeal. The facts immediately below…