The opinion of the court was delivered by: The Honorable Gary Allen Feess
Present: The Honorable GARY ALLEN FEESS
Renee Fisher None N/A Deputy Clerk Court Reporter / Recorder Tape No.
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
Proceedings: (In Chambers)
ORDER RE: MOTION TO DISMISS
Plaintiff Metro Patterson brings this action against Defendants Federal National Mortgage Association ("Fannie Mae"), One West Bank, F.S.B. ("One West"), IndyMac Bank, F.S.B. ("IndyMac"), and Mortgage Electronic Registration Systems, Inc. ("MERS"), alleging that, despite consistent efforts to cure a series of defaults on his mortgage, his home was illegally foreclosed upon and then sold. (Docket No. 1, Not., Ex. A [Compl.].) Defendants now move to dismiss the complaint in its entirety. (Docket No. 4.) For the reasons set forth below, the Court GRANTS the motions to dismiss, DISMISSES Plaintiffs' federal claim with prejudice, and REMANDS the state law claims to Los Angeles County Superior Court.
Patterson is the former owner of real property located at 13033
Stanford Avenue, in Los Angeles, California, 90059 (the "Property").
(Id. ¶ 1.) Patterson alleges that he re-financed the Property on
February 20, 2007 with Sea Breeze Financial. (Id. ¶ 15.)*fn1
According to the
complaint, Defendant IndyMac received an assignment of Patterson's
loan in or around March 2009. (Id.)
In July 2010, Patterson fell behind on his mortgage payments. (Id. ¶ 16.) Patterson alleges that he "made arrangements with IndyMac to cure the default by [making] a payment and a half [each month]", and that after making six such payments, he had "brought his mortgage account current." (Id. ¶ 18.) However, unbeknownst to him, IndyMac, through its trustee, recorded a Notice of Default on the Property on October 27, 2010. (Id. ¶¶ 17, 19.)
In or around June 2011, Patterson again fell behind on his mortgage payments. (Id. ¶ 20.) On August 11, 2011, IndyMac, "through Trustee Corp.", recorded a Notice of Trustee Sale. (Id. ¶ 21.) On September 2, 2011, Patterson contacted IndyMac and requested a reinstatement and "made arrangements to bring the loan current." (Id. ¶ 23.) Four days later, Patterson received a Reinstatement Demand ...