JAIME MELGAREJO v. SHELLPOINT, BANK OF MELLON. NY., ET AL
DEMURRER TO THE COMPLAINT – TENTATIVE RULING
Date of Hearing: October 5, 2017 Case No.: LC105155
Moving Party: Defendants New Penn Financial LLC
and the Bank of New York Mellon
Department: NWW (heard in Department NWB)
This action arises out of an alleged wrongful foreclosure. Non-party Rocio Melgarejo obtained a loan and executed a deed of trust for certain real property. Plaintiff Jaime Melgarejo’s complaint alleges Rocio Melgarejo quit-claimed the subject property to him on August 9, 2007. Plaintiff further alleges that on or about September 1, 2015, Defendant Shell Point Mortgage Servicing recorded and served a Notice of Default (NOD) to Rocio Melgarejo; and on or about October 1, 2015, Defendant recorded and served a Notice of Trustee Sale (NTS) to Rocio Melgarejo. Defendant sold the property to a third party bona fide purchaser at auction on November 30, 2015.
On January 26, 2017, Plaintiff filed the Complaint again
Hearing Date
October 05, 2017
Type
Mortgage Foreclosure (General Jurisdiction)
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JAIME MELGAREJO v. SHELLPOINT, BANK OF MELLON. NY., ET AL
DEMURRER TO THE COMPLAINT – TENTATIVE RULING
Date of Hearing: October 5, 2017 Case No.: LC105155
Moving Party: Defendants New Penn Financial LLC
and the Bank of New York Mellon
Department: NWW (heard in Department NWB)
This action arises out of an alleged wrongful foreclosure. Non-party Rocio Melgarejo obtained a loan and executed a deed of trust for certain real property. Plaintiff Jaime Melgarejo’s complaint alleges Rocio Melgarejo quit-claimed the subject property to him on August 9, 2007. Plaintiff further alleges that on or about September 1, 2015, Defendant Shell Point Mortgage Servicing recorded and served a Notice of Default (NOD) to Rocio Melgarejo; and on or about October 1, 2015, Defendant recorded and served a Notice of Trustee Sale (NTS) to Rocio Melgarejo. Defendant sold the property to a third party bona fide purchaser at auction on November 30, 2015.
On January 26, 2017, Plaintiff filed the Complaint again