Ryan-Beedy

Ryan-Beedy v. Bank of N.Y. Mellon

Good Law
293 F. Supp. 3d 1101
United States District Court, Eastern District of CaliforniaFebruary 22, 2018CIV. NO. 2:17–1999 WBS EFBCalifornia6,311 words

Opinion

Lead Opinion

Shubb, J.

Plaintiff Suzanne Ryan-Beedy initiated this action against defendants Ditech Financial, LLC ("Ditech") and the Bank of New York Mellon fka The Bank of New York as Trustee for the Benefit of the Certificate Holders of the CWALT, Inc. ("the Bank of New York Mellon") for damages and equitable relief resulting from defendants' alleged acts or omissions concerning the residential mortgage loan modification transactions and subsequent foreclosure of plaintiff's property. Presently before the court are separate Motions to Dismiss by Ditech and the Bank of New York Mellon. (Docket Nos. 18, 22.)

I. Factual and Procedural Background

In September 2004, plaintiff obtained a $295,000 loan from American Mortgage Network, Inc. in order to refinance her property in Tahoma, CA ("the subject property"). (First Amended Compl. ("FAC") (Docket No. 16) ¶ 14.) The subject property is a rental property and is not plaintiff's primary residence. ( Id. ¶ 15.) This loan was secured by a Deed of Trust on the property, which was assigned to the Bank of New York Mellon on April 16, 2011. ( Id. ¶ 3.)

By July 2015, plaintiff was in default in the amount of $137,559.18. A Notice of Trustee's Sale of the…

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