Dinsmore v Ocwen Loan Servicing

Demurrer to the First Amended Complaint

Calendar: 15

Case No.: EC069124

Hearing Date: July 19, 2019

Action Filed: August 10, 2018

Trial Date: Not Set

MP:

Defendants Ocwen Loan Servicing, LLC; US National Association, as Trustee for Lehman XS Trust Mortgage Pass-Through Certificated Series 220-2N

RP:

Plaintiff Marilyn Dinsmore

ALLEGATIONS:

The instant action arises from a revised loan modification agreement wherein Plaintiff Marilyn Dinsmore (“Plaintiff”) and Defendants modified an existing modification agreement that Plaintiff and Defendants CIT Bank, N.A. (then OneWest) (“CIT”), US National Association, as Trustee for Lehman XS Trust Mortgage Pass-Through Certificated Series 220-2N (“USBA”), and Ocwen Loan Servicing, LLC (“Ocwen” and collectively the “Defendants”) entered into on or about June 2014.

In Plaintiff’s initial, August 10, 2018, Complaint, she alleged five (5) causes of action for: (1) Violations of Civil Code, §2923.5; (2) Viola