Perun

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STEVE PERUN,

Case No. 21-cv-03888-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO DISMISS

CARRINGTON MORTGAGE SERVICES,

LLC, et al., Defendants.

I. INTRODUCTION Plaintiff Steve Perun stopped paying his mortgage. He applied to modify his loan. Defendants, his lender and servicer Wilmington Savings Fund Society and Carrington Mortgage Services, LLC (“the lenders”) say they sent him the response required by federal and state law. Perun denies receiving this letter. The lenders have produced the letter, albeit not proof of its mailing. Perun also avers there were several other statutory violations, and these violations create common law liability, such as negligence and breach of contract. Perun’s claim that the lenders never sent the letter is questionable. Moreover, the lenders made a subsequent offer to modify his loan. This affords them the shelter of a…