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Taylor v. Wells Fargo Bank, N.A.

United States District Court, E.D. California

November 14, 2014

JOHN TAYLOR, an individual; ANITA TAYLOR, an individual, Plaintiffs,
v.
WELLS FARGO BANK, N.A.; CAL-WESTERN RECONVEYANCE CORP., Defendants

For John Taylor, an individual, Anita Taylor, an individual, Plaintiffs: Matthew Mellen, Sarah Elizabeth Adelaars, LEAD ATTORNEYS, Mellen Law Firm, San Mateo, CA.

For Wells Fargo Bank, N.A., Defendant: Melissa Marie Coyle, Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP, Pasadena, CA.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

JOHN A. MENDEZ, UNITED STATES DISTRICT JUDGE.

Defendants Wells Fargo Bank, N.A. (" Wells Fargo") and Cal-Western Reconveyance Corporation (" Cal-Western") (collectively " Defendants") move to dismiss (Doc. #4) Plaintiffs John and Anita Taylor's (collectively " Plaintiffs") entire complaint (Doc. #1, Exh. A).[1] The action arises out of a dispute over the foreclosure and sale of a property previously belonging to Plaintiffs and the loan modification negotiations and notice preceding that sale.

I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND

In January 2007, Plaintiffs obtained a loan in the amount of $384, 000 (" the loan") secured by a deed of trust recorded against property located at 6918 N. Old Stage Road, Weed, California 96094 (" the property"). Request for Judicial Notice (Doc. #5), Exh. A.

In July 2013, Plaintiffs applied for a loan modification through Defendant Wells Fargo. Comp. ¶ 10. When Wells Fargo received Plaintiffs' application, it sent Plaintiffs a letter stating:

" [y]ou have requested assistance under the federal government's Home Affordable Modification Program (" HAMP") . . . [i]f the loan has been previously referred to foreclosure, the foreclosure process will continue. However, a foreclosure sale will not be held and you will not lose your home during this time period."

Id. During this time period, Plaintiffs were also seeking an in-house loan modification through Wells Fargo. Id. ¶ 11.

In September 2013, Plaintiffs received a letter from Wells Fargo denying their application for an in-house modification based on its calculation of Plaintiffs' net present value. Comp. ¶ 12. The letter informed Plaintiffs of their right to appeal the denial and stated " [y]our home will not be sold in a foreclosure sale during the appeal period." Id. Plaintiffs submitted an appeal of the denial. Id. ¶ 13.

On October 25, 2013, Wells Fargo sent Plaintiffs a letter acknowledging their appeal and indicating it would " provide a written response to the [appeal] by November 23, 2013." Comp. ¶ 14. On November 26, 2013, Wells Fargo filed a Notice of Trustee's Sale against the property.[2] Id.

Plaintiffs allege they never received the Notice of Trustee's Sale and Wells Fargo never gave them a determination on either of their loan modification applications. Comp. ¶ ¶ 15-16. On June 2, 2014, Wells Fargo instructed Cal-Western to sell Plaintiffs' property at a trustee's sale at which Wells Fargo took back title to the property. Id. Plaintiffs allege they had sufficient funds " to reinstate their loan prior to the sale by paying all amounts in default and would have reinstated the loan had they known that the foreclosure sale would take place." Id. ¶ 17.

Plaintiffs plead five causes of action in their complaint: (1) Wrongful Foreclosure; (2) Negligent Misrepresentation; (3) Fraud; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (5) Quiet Title. Defendants ...


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