Shupe
Shupe v. Nationstar Mortgage LLC
Opinion
Lead Opinion
England, J.
MEMORANDUM AND ORDER
Plaintiffs Jeffery S. Shupe, aka Jeffrey S. Shupe, and Olivia J. Shupe originally brought this lawsuit against Defendants Nationstar Mortgage LLC; Bank of America, N.A.; and U.S. Bank, National Association in state court, alleging various violations of California state law in the handling of Plaintiffs’ mortgage. Defendants removed the suit to this Court, ECF No. 1, and Plaintiffs voluntarily dismissed Bank of America as a defendant with prejudice, ECF No. 13. Plaintiffs ultimately filed a Second Amended Complaint (“SAC”), ECF No. 17, and now before the Court is Defendants’ Motion to Dismiss (“MTD”) that complaint for failure to state a claim, ECF No. 21. For the reasons that follow, Defendants’ MTD is GRANTED.
BACKGROUND
In 2006, Plaintiffs executed a Deed of Trust and Adjustable Rate Note to borrow $862,500 from Bank of America, N.A. (“BANA”). In 2011, Plaintiffs fell behind *601 on their loan payments. In response, BANA assigned its interest under the Deed of Trust to U.S. Bank, and a Notice of Default was recorded on the property.
In 2012, Plaintiffs filed for Chapter 13 bankruptcy. U.S. Bank objected to Plaintiffs’ Chapter 13 Plan, and Plaintiffs…