Perez
Perez v. Bank of America, N.A.
Opinion
Trial Court Opinion
I. BACKGROUND
22 A. Facts 23 Plaintiff owns a home located in Calexico, California. (FAC, ECF No. 35 ¶ 1.) 24 In connection with the home purchase, Defendant America’s Wholesale Lender 25 issued Plaintiff two loans encumbered by two deeds of trust. (Id. ¶ 3.) In January 26 2009, Plaintiff stopped making monthly payments on the second deed, and in March 27 later, in December 2011, Plaintiff filed for bankruptcy in the Southern District of 1 California. (Id. ¶ 9.) After her bankruptcy proceedings ended, Defendant Bank of 2 America, N.A. allegedly transferred both of Plaintiff’s loans to Defendant Ocwen 3 Loan Servicing (“Ocwen”). (Id. ¶ 17.) Plaintiff claims that in June of 2013, Ocwen 4 modified both of her loans and told Plaintiff that she now had a single loan, for the 5 current market value of her home, $59,500.00. (Id. ¶ 18.) Ocwen allegedly 6 represented to Plaintiff that her second deed of trust had been written off, and that 7 she no longer had to pay it. (Id. ¶¶ 18–19.) For ten years, Plaintiff made payments 8 consistent with the single modified loan. (Id. ¶ 20.) 9 Then, in August 2021, Plaintiff received a letter from Defendant Statebridge 10 Company,…