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Miguel E. Torres v. Wells Fargo Bank

October 29, 2012

MIGUEL E. TORRES
v.
WELLS FARGO BANK, ET AL.



The opinion of the court was delivered by: Present: The Honorable S. James Otero, United States District Judge

Priority Send Enter Closed JS-5/JS-6 Scan Only

CIVIL MINUTES - GENERAL

Victor Paul Cruz Courtroom Clerk

COUNSEL PRESENT FOR PLAINTIFF:

Not Present

Not Present Court Reporter

COUNSEL PRESENT FOR DEFENDANTS:

Not Present

PROCEEDINGS (in chambers): ORDER REMANDING CASE TO SAN BERNARDINO COUNTY SUPERIOR COURT [Docket No. 1]; DISMISSING DEFENDANTS' MOTION TO DISMISS AS

[Docket No. 7]

This matter is before the Court on Defendant Wells Fargo Bank, N.A.'s ("Wells Fargo") Notice of Removal ("Notice") filed on October 16, 2012. Wells Fargo removed this matter from San Bernardino County Superior Court, where Plaintiff Miguel E. Torres ("Plaintiff") filed his Complaint against Wells Fargo, NDEX West LLC, and Mortgage Electronic Registration Systems, Inc. (collectively, "Defendants"). For the following reasons, the Court REMANDS this action to San Bernardino County Superior Court.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff alleges the following facts. On March 6, 2006, Plaintiff obtained a loan in the amount of $166,901.71 from Wells Fargo, which was secured by a Deed of Trust that was recorded against real property located at 8346 Onyx Road, Lucerne Valley, California 92356 ("the Property"). (Notice Ex. A, at 10, ECF No. 1.) After contacting Wells Fargo to modify his mortgage in May 2009, Plaintiff received a Home Affordable Modification Trial Period Plan on January 1, 2010, effective through April 2010, and a Home Affordable Modification Agreement on May 1, 2010, effective thereafter. (Notice Ex. A, at 13.) On December 9, 2010, Plaintiff filed a Chapter 7 Bankruptcy. (Notice Ex. A, at 13.) In December 2010, Plaintiff allegedly attempted to make his monthly mortgage payment but was denied the opportunity by Wells Fargo because Plaintiff was in an active bankruptcy. (Notice Ex. A, at 13.)

On August 25, 2011, NDEX West LLC ("NDEX"), acting as a trustee on behalf of Wells Fargo, recorded Notice of Default ("Notice of Default") with the San Bernardino County Recorder's office. (Notice Ex. A, at 14.) On November 2, 2011, NDEX recorded a Notice of Trustee Sale on behalf of Wells Fargo with the San Bernardino County Recorders Office, setting the date of sale for December 23, 2011. ...


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