Peralta

BACKGROUND

Because this case comes after the trial court sustained Shellpoint’s demurrer, we draw the facts from the properly pleaded material facts in the second amended complaint. (Sheen v. Wells Fargo Bank, N.A. (2022) 12 Cal.5th 905, 916.)

1 Beatriz Peralta took out a loan to buy a property in Hercules, and the loan was secured by a deed of trust on the property. By 2016, Shellpoint was the servicer on the loan. Beatriz was current on the loan until February 2018, when she became ill. She passed away in August 2018. Beatriz requested a loan modification with Shellpoint before her death, but Shellpoint failed to appoint a single point of contact to communicate with her about foreclosure alternatives. Sometime after Beatriz’s death, her son Robert Peralta notified Shellpoint that Beatriz had died and the property had been transferred to him, qualifying him as her successor in interest. Within three months of Beatriz’s death, Robert was able to start making payments on the loan, but Shellpoint refused to accept the payments due to the arrears on the loan. In December 2018, Shellpoint caused a notice of default to be recorded. Shellpoint attached a declaration to the notice of…