Dougherty

ORDER

This matter is before the Court pursuant to Defendant Bank of America, N.A. (“BOA”) and Wells Fargo Bank, N.A. (“Wells”), as trustee on behalf of the Holders of the HarborView Mortgage Loan *1237 Trust Mortgage Pass-Through Certificates, Series 2006-12 and Select Portfolio Servicing, Inc.’s (“SPS”) (together “Defendants”) Motions to Dismiss Plaintiffs’ First Amended Complaint under Federal Rule of Civil Procedure 12(b)(6). (ECF Nos. 28, 30.) For the reasons set forth below, Defendant BOA’s Motion to Dismiss is GRANTED IN PART and DENIED IN PART, and Defendants Wells and SPS’ Motion to Dismiss is GRANTED IN PART and DENIED IN PART.

I. Factual Background

The claims in this case arise out of Defendants’ alleged breach of their agreements in connection with the modification of Plaintiffs’ residential mortgage loan. The residence is located in Newcastle, CA 95658. (Pis.’ First Am. Compl., “FAC”, ECF No. 26 ¶ 2.)

For clarity, the Court cites first to Defendant BOA’s summary of the underlying facts, and then states the more detailed allegations from the FAC. Defendant BOA alleges as follows: in November 2006, Plaintiffs obtained a $458,000 home loan from Aegis Wholesale…