Khan

ORDER GRANTING SPS’S MOTION TO DISMISS AND GRANTING IN PART AND DENYING IN PART RECONTRUST AND BANK OF AMERICA’S MOTION TO DISMISS

[Re: ECF Nos. 94 & 97]

INTRODUCTION

Plaintiff Rahila Khan, proceeding pro se, filed this action against defendants Recon-Trust Company (“ReconTrust”), Bank of America, N.A. (“Bank of America”), and Select Portfolio Servicing, Inc. (“SPS”) (collectively, “Defendants”) for claims based on the circumstances surrounding her mortgage loans and her subsequent default on those loans. (See Second Amended Complaint (“SAC”), ECF No. 84. 1 ) Defendants move to dismiss Ms. Khan’s Second Amended Complaint. Upon consideration of the papers submitted and the applicable legal authority, the court grants SPS’s motion and grants in part and denies in part ReconTrust and Bank of America’s motion.

STATEMENT

I. MS. KHAN’S ALLEGATIONS

Ms. Khan alleges that in September 2006, she entered into two mortgage loans (hereinafter, referred to as the “First Loan” and the “Second Loan”), which she used to purchase property at *869 39959 Michelle Street, Fremont, California. (See First Amended Complaint (“FAC”), ECF No. 22, ¶2; SAC ¶ 2; SPS RJN, Exs. A, B, ECF No. 95. 3 ) In…