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