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Khast v. Washington Mutual Bank

October 26, 2010

KAVEH KHAST, PLAINTIFFS,
v.
WASHINGTON MUTUAL BANK; JPMORGAN BANK; CALIFORNIA RECONVEYANCE COMPANY, DEFENDANTS.



The opinion of the court was delivered by: Irma E. Gonzalez, Chief Judge United States District Court

ORDER GRANTING PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER [Doc. No. 1.]

Presently before the Court is Plaintiff's motion for a temporary restraining order, filed within Plaintiff's complaint on October 18, 2010. (Doc. No. 1.) Plaintiff requests that the Court enjoin Defendants from foreclosing upon and selling his home, currently scheduled to be sold on October 27, 2010. For the reasons stated herein, the Court GRANTS the motion.

FACTUAL BACKGROUND

The following facts are drawn from Plaintiffs' Verified Complaint. The Court sets out only those facts necessary to support the grounds for resolving the requested relief.

On or about April 11, 2006, Plaintiff entered into a residential mortgage loan with Defendant Washington Mutual Bank ("WAMU") for the purchase of a single-family home, located at 7234 Encelia Drive, La Jolla, California 92037 ("Property").

Plaintiff made all payments in a timely manner and according to the terms of the loan for approximately two years. On or about May 12, 2008, Plaintiff contacted WAMU to request that the loan be restructured. At that time, a representative of WAMU instructed Plaintiff (a) that WAMU would modify his loan, but only if Plaintiff was in default, and (b) that he should purposely stop making payments on the loan so that he would enter default and qualify for restructuring. Plaintiff immediately ceased making mortgage payments for a period of ninety (90) days, after which he contacted WAMU seeking a loan modification package.

WAMU mailed loan modification documents to Plaintiff, which he completed and returned to WAMU with all requested supporting documentation. Plaintiff contacted WAMU approximately one week after submitting the loan modification documents and a WAM U representative confirmed receipt of Plaintiffs loan modification documents. The WAMU representative further informed Plaintiff that an agent would be assigned to handle his request, but that the process of assigning the agent would take approximately one to two months.

When WAMU did not contact Plaintiff within two months of Plaintiff's conversation with the WAMU agent, Plaintiff contacted WAMU to inquire about the status of his application. A WAMU agent informed Plaintiff that his application and supporting documentation for the requested loan modification application were missing and that Plaintiff would have to reapply. Plaintiff immediately prepared a second application and sent it to WAMU via overnight mail.

When WAMU did not contact Plaintiff for thirty (30) days after Plaintiff submitted his second application for loan modification, Plaintiff contacted WAMU telephonically. Plaintiff learned at that time that the Federal Trade Commission had issued a cease and desist order against WAMU and that Defendant JPMorgan Chase Bank ("JPM Chase") had assumed all of WAMU's assets and liabilities.

Plaintiff then contacted JPM Chase, and a JPM Chase representative told Plaintiff that his loan modification application was missing and that he needed to submit a third application. Plaintiff thereafter hired Mr. Martin Estehaghi to negotiate with JPM Chase on Plaintiff's behalf.

Plaintiff submitted his third loan modification application, and Mr. Estehaghi successfully obtained a "conditional" loan modification from JPM Chase. JPM Chase sent Plaintiff a related document, which Plaintiff signed, and Plaintiff resumed making monthly mortgage payments.

At some unspecified time thereafter, Plaintiff contacted the JPM Chase agent assigned to Plaintiff's loan modification to inquire about the status of Plaintiff's property insurance and taxes. An agent of JPM Chase informed Plaintiff that he would have to file a fourth application to modify his loan. Mr. Estehaghi sent the fourth application on Plaintiff's behalf. JPM Chase quickly denied Plaintiff's fourth application and issued a Notice of Trustee's Sale for the Property.

Plaintiff has since made repeated requests for JPM Chase to provide documents related to his loan, but JPM Chase has refused to ...


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