Pfeifer

Pfeifer v. Countrywide Home Loans, Inc.

Caution
150 Cal. Rptr. 3d 673·2012 Cal. App. LEXIS 1265·211 Cal. App. 4th 1250
Court of Appeal of CaliforniaDecember 13, 2012No. A133071California13,389 words

Opinion

Lead Opinion

Lambden, J.

*1255 Opinion

Allen Pfeifer (Allen) and Florence A. Pfeifer (Florence), a son and his mother (collectively, the Pfeifers), have a mortgage insured by the Federal Housing Administration (FHA). They filed a third amended complaint against Countrywide Home Loans, Inc. (Countrywide), and ReconTrust Company (Recon) after a nonjudicial foreclosure proceeding was commenced against their property. The trial court sustained a demurrer by Countrywide and Recon (collectively, the lenders) without leave to amend against the Pfeifers’ third amended complaint and then entered judgment in favor of the lenders.

The Pfeifers appeal and challenge the trial court’s rulings that they did not have a cognizable legal claim against Recon under the federal Fair Debt Collection Practices Act ( 15 U.S.C. § 1692 et seq.; FDCPA or the Act). They also challenge, among other things, the trial court’s denial of their requests for declaratory relief and for wrongful foreclosure based on the lenders’ failure to conduct a face-to-face interview as mandated by the servicing regulations of the Department of Housing and Urban Development (HUD).

We conclude that the deed of trust incorporates by reference the…

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