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Coun,Or Coy Le
bop Ur 6,
* Cay
em 4 So 7 Og Forni
ee, 9 2oyg es
lay ey
Angela Figueroa v. Nationstar Mortgage, et Fentetive decision on applicat
‘ep 1
al., BC719484 preliminary injunction: granted
woe Lune
Put.
Plaintiff Angela Figueroa (“Figueroa”) applies for a preliminary injunction against
Defendants Nationstar Mortgage, LLC (“Nationstar”), Deutsche Bank Trust Company Americas
(“Deutsche Bank”), Quality Loan Service Corporation (“Quality Loan”), and Arnoldo Gutierrez
(“Gutierrez”) enjoining them from selling the real property located at 14576 Paddock Street,
Sylmar, CA 91342 (“Property”).
The court has read and considered the moving papers, opposition, and reply, and renders
the following tentative decision.
A. Statement of the Case
1. Complaint
Plaintiff Figueroa commenced this proceeding on August 24, 2018, alleging causes of
action for (1) violation of Civil Code section 2923.7, (2) violation of Civil Code section 2923.6,
(3) violation of Civil Code section 2923.55, (4) breach of contract, (5) promissory estoppel, (6)
negligence, (7) intentional misrepresentation, (8) negligent misrepresentation, (9) to set aside
trustee sale, (10) quiet title, and (11) unfair business practices. The verified Complaint alleges in
pertinent part as follows.
On September 7, 2006, Jose Figueroa (“Jose ””) obtained a loan against the Property in
the
(“Note”) through lender Homecomings Financial Network
amount of $492,000
(“Homecomings”). The Note was secured by a deed of trust (“DOT”). Homecomings transferred
divorce
the servicing rights to the Note to Aurora Loan Services, LLC (“Aurora”). As part of their
exclusive use
settlement, Jose and Figueroa entered into an agreement by which Figueroa obtained
assuming the
and control of the Property. The agreement required Jose to assist Figueroa in either
Note.
loan or financing the same. Jose refused to do so, and he stopped making payments on the
In 2012, Defendant Nationstar acquired Aurora. For years, Figueroa made payments
payment on
towards the Note. In January 2017, Nationstar refused to accept Figueroa’s monthly
In reality,
the incorrect grounds that she was delinquent on her loan in the amount of $25,000.
Nationstar failed to cash Figueroa’s checks in a timely fashion.
In order to save her home from foreclosure, Figueroa submitted a loan modification
h
application. Througho wut the loan modification application, Nationstar failed to promptly establis
asked
a single point of contact (“SPOC”). Each new representative whi om Figueroa spoke with
to Nationst ar with
her for the same information. Figueroa made numerous accounting requests
which Nationstar did not comply.
me
On May 22, 2017, while Figueroa wa: s attempting to contact Nationstar to obtain
of Default ((NOD”). On July
ho
1a foreclosure prevention alternatives, Nationstar recorded a Notice
the Property’s title
12, 2017, Jose executed an interspousal transfer grant deed which transferred
s Sale (“NOS”) on the
to Figueroa. On August 25, 2017, Defen dants recorded a Notice of Trustee’
so Property.
In October 2017, Nationstar approve d Figueroa for a Trial Payment
Plan (“TPP”) which
with a permanent loan
required her to make three separate payments in order to be provided
ND
1
4
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Coun,Or Coy Le bop Ur 6, * Cay em 4 So 7 Og Forni ee, 9 2oyg es lay ey Angela Figueroa v. Nationstar Mortgage, et Fentetive decision on applicat ‘ep 1 al., BC719484 preliminary injunction: granted woe Lune Put. Plaintiff Angela Figueroa (“Figueroa”) applies for a preliminary injunction against Defendants Nationstar Mortgage, LLC (“Nationstar”), Deutsche Bank Trust Company Americas (“Deutsche Bank”), Quality Loan Service Corporation (“Quality Loan”), and Arnoldo Gutierrez (“Gutierrez”) enjoining them from selling the real property located at 14576 Paddock Street, Sylmar, CA 91342 (“Property”). The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Figueroa commenced this proceeding on August 24, 2018, alleging causes of action for (1) violation of Civil Code section 2923.7, (2) violation of Civil Code section 2923.6, (3) violation of Civil Code section 2923.55, (4) breach of contract, (5) promissory estoppel, (6) negligence, (7) intentional misrepresentation, (8) negligent misrepresentation, (9) to set aside trustee sale, (10) quiet title, and (11) unfair business practices. The verified Complaint alleges in pertinent part as follows. On September 7, 2006, Jose Figueroa (“Jose ””) obtained a loan against the Property in the (“Note”) through lender Homecomings Financial Network amount of $492,000 (“Homecomings”). The Note was secured by a deed of trust (“DOT”). Homecomings transferred divorce the servicing rights to the Note to Aurora Loan Services, LLC (“Aurora”). As part of their exclusive use settlement, Jose and Figueroa entered into an agreement by which Figueroa obtained assuming the and control of the Property. The agreement required Jose to assist Figueroa in either Note. loan or financing the same. Jose refused to do so, and he stopped making payments on the In 2012, Defendant Nationstar acquired Aurora. For years, Figueroa made payments payment on towards the Note. In January 2017, Nationstar refused to accept Figueroa’s monthly In reality, the incorrect grounds that she was delinquent on her loan in the amount of $25,000. Nationstar failed to cash Figueroa’s checks in a timely fashion. In order to save her home from foreclosure, Figueroa submitted a loan modification h application. Througho wut the loan modification application, Nationstar failed to promptly establis asked a single point of contact (“SPOC”). Each new representative whi om Figueroa spoke with to Nationst ar with her for the same information. Figueroa made numerous accounting requests which Nationstar did not comply. me On May 22, 2017, while Figueroa wa: s attempting to contact Nationstar to obtain of Default ((NOD”). On July ho 1a foreclosure prevention alternatives, Nationstar recorded a Notice the Property’s title 12, 2017, Jose executed an interspousal transfer grant deed which transferred s Sale (“NOS”) on the to Figueroa. On August 25, 2017, Defen dants recorded a Notice of Trustee’ so Property. In October 2017, Nationstar approve d Figueroa for a Trial Payment Plan (“TPP”) which with a permanent loan required her to make three separate payments in order to be provided ND 1 4