BENSON VS. FINANCE OF AMERICA REVERSE, ET AL.
Case Number: 22CV-0200687
Tentative Ruling on Demurrer: This matter arises out of foreclosure on 17376 Bright Path in Anderson, CA
(“Property”). Plaintiff initially alleged violations of the Homeowner’s Bill of Rights (“HBOR”), as well as
negligence, wrongful foreclosure, unfair business practices, and cancellation of written instruments against
Finance of America Reverse, LLC (“FAR”) and Wilmington Savings Fund Society, FSB as Trustee of Finance
of America Structured Securities Acquisition Trust 2019-HB1 (“Wilmington”). On November 22, 2022, Plaintiff
dismissed the Second and Third causes of action. On January 17, 2023 this court sustained Defendants’ Demurrer,
as to all remaining causes of action, and with leave to amend on causes of action 8-10. Plaintiff filed his Second
Amended Complaint (“SAC”) on March 30, 2023. The SAC alleges three causes of action against FAR and
Wilmington: 3) violation of Civ. Code § 2923.6(c), failure to rescin