Nationstar Mortgage v. Abalkhad CA2/1

BACKGROUND

In March 2007, Abalkhad borrowed $2,000,000 from Countrywide Bank, FSB, as memorialized in an Interest Only Adjustable Rate Note (the Note) and secured by a Deed of Trust recorded against a residential property located in Calabasas. He fell behind on his mortgage payments, and in 2012, he obtained a loan modification. At the time his May 2012 monthly mortgage payment was due, he stopped paying on the loan.1 He sought another loan modification, but he was unsuccessful. In July 2016, Abalkhad filed a complaint in this action against, among others, Nationstar Mortgage LLC (Nationstar), the servicer of his loan, and Deutsche Bank National Trust Company as Trustee for Holders of the BCAP LLC Trust 2007- AA3, a party he alleged had “purportedly” received an interest in the Deed of Trust by assignment. He asserted causes of action against the defendants for violations of the Homeowners Bill of Rights (Civ. Code, §§ 2920.5 et sq.), negligence, and violations of

1 At the time of the trial in this action in November 2018, Abalkhad owed mortgage payments from May 2012 forward, a fact he did not dispute.

2 the Unfair Competition Law (Bus. & Prof. Code, § 17200). By his action,…