Willis

Willis v. JPMorgan Chase Bank, N.A.

Good Law
250 F. Supp. 3d 628·2017 WL 1349744·2017 U.S. Dist. LEXIS 52177
United States District Court, Eastern District of CaliforniaApril 5, 2017CIV. NO. 2:17-00366 WBS ACCalifornia2,485 words

Opinion

Lead Opinion

Shubb, J.

MEMORANDUM AND ORDER RE: MOTION TO DISMISS

Plaintiff Elizabeth A. Willis brought this action against JPMorgan Chase Bank, N.A. (“Chase”) for violation of the California Homeowner’s Bill of Rights (“HBOR”) and negligence arising out defendant’s alleged mishandling of plaintiffs loan modification requests. The matter is now before the court on defendant’s Motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). (Def.’s Mot. (Docket No. 3).)

I. Factual and Procedural Background

Plaintiff refinanced her residential mortgage loan with Chase in 2006. (Compl. ¶7 (Docket No.'1-1).) She refinanced her home mortgage with a first lien mortgage loan and also obtained a home equity line of credit (“HELOC”). (Def.’s Request for Judicial Notice (“RJN”) Exs. 1-2 (Docket Nos. 3-2, 3-3).)

Plaintiff alleges that she requested a loan modification application in May 2016 and submitted a completed loan modification application on July 8, 2016. (Compl. ¶¶ 8-9, 12.) Chase allegedly lost plaintiff’s documents on several occasions and required plaintiff to resubmit several documents. (Id. ¶¶ 13-14.)

Chase allegedly denied…

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