Beatty
Beatty v. PHH Mortgage Corporation
Opinion
Trial Court Opinion
I. BACKGROUND
24 The factual background of the case is taken from Beatty’s first amended complaint. Beatty 25 alleges that he has owned the property located at 1601 Culpepper Drive, Petaluma, CA 94956 (the 26 “Property”) since around 2005. FAC ¶ 10. In purchasing the Property, Beatty executed a 27 Notice in Support of Motion to Dismiss (“RJN”), Ex. 1 (“Deed of Trust”). Deutsche Bank is the beneficiary of the loan, PHH is the servicer, and WP is the trustee. Id. According to Beatty, Defendants sold the Property to a third party at a foreclosure sale approximately one year ago, but subsequently rescinded the sale. FAC ¶ 11. Beatty states that after the sale was rescinded, he was “misinformed about the procedure for making payments while involved in a lawsuit.” Id. ¶ 12. In June 2019, Beatty spoke with “someone at PHH” and asked to “make all of the payments due at that time in order to bring the loan out of foreclosure.” Id. ¶ 13. PHH directed him to contact another entity, Aldridge Pite LLP (“AP”), to make his reinstatement payment. Id. ¶ 13. Beatty alleges that he had to call AP “several times over the course of a week” 9 before…