Hamilton

SUMMARY

The trial court sustained a lender’s demurrer to the borrower’s complaint for breach of contract, fraud and statutory violations in connection with the lender’s foreclosure of the mortgage loan on the borrower’s home. The borrower’s failure to disclose, in earlier bankruptcy proceedings, the existence of his breach of contract and fraud claims against the lender bars the borrower from litigating those claims now. The borrower’s causes of action for breach of contract and fraud fail in any event because the borrower did not allege the essential fact of payment of sums due from the borrower or excuse from making those payments. In addition, the borrower cannot state a cause of action for violations of foreclosure statutes which require lenders to contact borrowers to explore options to avoid foreclosure, because the only remedy for such violations is postponement of the foreclosure sale, and borrower’s house has been sold. We affirm the judgment dismissing the complaint.

FACTS

Plaintiffs Henry and Sharon Hamilton filed this lawsuit against Greenwich Investors XXVI, LLC, and Select Portfolio Servicing, Inc. (SPS), successive *1606 holders of a mortgage loan on…