Melba Jean Spencer v. Advance Mortgage Corporation

I. Introduction

On November 6, 2018, Spencer, Melba Jean (“Plaintiff”),1 brought this action against Advance Mortgage Corporation (“Advance”), AMCO Service Corporation (“AMCO”), Ocwen Loan Servicing LLC (“Ocwen”), Duke Partners II, LLC (“Duke”), Sam Chandra (“Chandra”), Law Office of Sam Chandra, APC (“Chandra Office”), Western Progressive LLC (“Western”), Olivia Reyes (“Reyes”), and Does 1 through 10. Dkt. 1.

The Complaint alleges that Defendants “unlawfully sold, assigned, and/or transferred their unsecured ownership and allege[d] security interest in a promissory note and deed of trust” related to the property located at 1827 Cochran Place, Los Angeles, CA 90019 (the “Property”). Compl., Dkt. 1 at 7; Dkt. 19 at 9-10. Based on this principal allegation, the Complaint advances seven causes of action: (i) fraudulent concealment; (ii) fraud in the inducement; (iii) intentional infliction of emotional distress; (iv) slander of title; (v) quiet title; (vi) declaratory relief; and (vii) rescission. Dkt. 1 at 17-27. The claim for rescission is premised on the Truth in Lending Act (“TILA”) 15 U.S.C. § 1601 et seq. Dkt. 1 at 7, 25-26. The Complaint also refers to the Real Estate…