Raiano

BACKGROUND

Because this appeal comes to us after the trial court sustained a demurrer without leave to amend, we recite the facts as alleged in the third amended complaint and those matters that have been judicially noticed. In 2006, Rosa Portillo purchased a house in Los Angeles (the property) from Raiano. Portillo obtained a loan secured by a first- position deed of trust against the property. Ocwen is the loan servicer and The Mortgage Law Firm, PLC (MLF) is the trustee for the purchase money loan. Portillo subsequently borrowed money from Raiano, and the loan was secured by a junior deed of trust on the property. In 2015, Portillo defaulted on the purchase money loan and the loan from Raiano. Raiano foreclosed on and took possession of the property. In March 2016, Ocwen recorded a notice of default and, in November 2017, MLF recorded a notice of trustee’s sale on behalf of the first lienholder. In December 2017, Raiano sued Ocwen and MLF, alleging a violation of Civil Code1 section 2924b, subdivision (c)(2)(A) and(B) on the ground that they failed to serve him with the notice of default and notice of trustee’s sale. Although it is not clear from the record, Ocwen represented,…