McBride

I.

BACKGROUND

In her fifth amended complaint, McBride alleged that in 2005 her parents, acting as trustees of the family trust, obtained a $650,000 loan secured by real property located in Benicia, California. The original lender and trustee of the deed of trust (Deed) assigned the Deed to defendant Deutsche Bank. McBride’s parents died several years later. McBride attempted to assume the loan for the Benicia property as the successor in interest for the family trust. She alleges that defendants violated her rights under the California Homeowner Bill of Rights (HBOR; Civ. Code,2 § 2923.4 et seq.) when they denied her loan assumption application despite her creditworthiness, and failed to provide information about the loan and foreclosure-prevention alternatives. In the months following defendants’ denial of McBride’s loan assumption application, defendant National Default Servicing Corporation became the successor trustee to the Deed and executed and recorded a “Notice of Default and Election to Sell under Deed of Trust.” McBride sued defendants for violating former section 2920.7 and section 2923.7 of the HBOR. At the time she first filed suit in April 2018, former section…