Loewy
Loewy v. CMG Mortg., Inc.
Opinion
Lead Opinion
ORDER GRANTING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [Dkt. 32];
ORDER REMANDING CASE
Honorable Larry Alan Burns, Chief United States District Judge *1085 Currently before the Court is Defendant CMG Mortgage, Inc.'s motion for summary judgment. Dkt. 32. That motion is GRANTED as to Plaintiffs' federal claims. The state claims are REMANDED to San Diego County Superior Court.
BACKGROUND
In August 2013, Plaintiffs Arthur and Viridiana Loewy obtained a secured residential mortgage loan that was serviced by Defendant CMG Mortgage, Inc. See Loewy Decl., Dkt. 33-1, at ¶¶ 3, 5. The Loewys missed several mortgage payments over the following years, although the parties disagree about the number of payments missed and the total arrearages owed. See id. at ¶ 4; Kelbaugh Decl., Dkt. 32-2, at ¶ 5. In early 2015, the Loewys first applied to CMG for a mortgage modification. See Kelbaugh Decl. at ¶ 6. Around this same time, the Loewys also applied to Keep Your Home California ("KYHC"), a state program designed to assist delinquent homeowners at risk of foreclosure. See Loewy Decl. at ¶¶ 8-10. In July 2015, KYHC approved the Loewys' application for mortgage assistance and sent $100,000…