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Layne v. Nationstar Mortgage LLC

United States District Court, C.D. California

February 24, 2017

KIMBERLY LAYNE ET AL.
v.
NATIONSTAR MORTGAGE LLC ET AL.

          PRESENT: THE HONORABLE DAVID O. CARTER, JUDGE.

          CIVIL MINUTES - GENERAL

         PROCEEDINGS (IN CHAMBERS): ORDER GRANTING IN PART DEFENDANT'S MOTION TO DISMISS [11]; DENYING PLAINTIFFS' MOTION TO REMAND [12]

         Before the Court are Plaintiffs' Motion to Remand (“MTR”) (Dkt. 12) and Defendant's Motion to Dismiss (“MTD”) (Dkt. 11). The Court finds these matters appropriate for resolution without oral argument. See Fed. R. Civ. P. 78; L.R. 7-15. After reviewing the moving papers and considering the parties arguments, the Court DENIES Plaintiffs' Motion to Remand and GRANTS IN PART Defendant's Motion to Dismiss.

         I. Background

         A. Facts

         Because the First Amended Complaint has not been properly filed, the Court adopts the facts as set out in Plaintiffs' Complaint (“Complaint”) (Dkt. 1-2).

         Plaintiffs Kimberly Layne and John D. Thomas (collectively, “Plaintiffs”) took out a loan for their home located at 230 Monarch Bay Drive, Dana Point, California (the “Property”) from “Ocwen.” Compl. ¶ 2. The note and deed of trust were recorded on December 14, 2005. Id. ¶ 6. Plaintiffs conveyed the Property to the Monarch Bay Drive Trust. Id. ¶¶ 2, 6. The Monarch Bay Drive Trust then conveyed the Property to Monarch Bay Drive, LLC (“Monarch Bay”). Id. ¶¶ 2, 6.

         Defendant Nationstar Mortgage, LLC (“Nationstar”) is allegedly the successor in interest of the note and deed of trust from Ocwen as of September 1, 2013. Id. ¶ 3.

         On September 4, 2014, Nationstar sent Plaintiffs a letter stating that $571, 577.17 was due under the note. Id. ¶ 8. On October 19, 2014, Nationstar sent Plaintiffs another letter, this time claiming the amount due was $504, 358.74. Id. Sometime between March 14, 2016 and March 23, 2016, Plaintiffs sent a letter to Nationstar, asking that Nationstar provide information regarding the amount due and the amount of arrearages on the deed, as well as the basis for the amount. Id. ¶ 9. Plaintiffs also asked Nationstar to explain why it believed it was the servicer on the loan. Id. In response, Nationstar sent Plaintiffs a loan modification application package, but allegedly did not respond to the requests for information. Id.

         On October 18, 2016, Nationstar sent Plaintiffs a third letter claiming that the amount due on the note was $725, 228.91, which included $17, 917.29 in unidentified fees and charges. Id. ¶ 8.

         B. Procedural History

         Plaintiffs filed this suit in the California Superior Court for the County of Orange on November 4, 2016 against Nationstar. Notice of Removal (Dkt. 1-2). Nationstar removed the action to federal court on December 7, 2016 (Dkt. 1). Plaintiffs bring claims for: (1) violation of the Real Estate Settlement Procedures Act (“RESPA”); (2) violation of California Civil Code § 2943; and (3) violation of the Business and Professions Code § 17200 et seq. (“UCL”). See generally Compl.

         On January 4, 2017, Nationstar filed the instant Motion to Dismiss, a notice of lodging of the First Amended Complaint (Dkt. 11-1), and a Request for Judicial Notice (“RJN”) (Dkt. 11-2). Plaintiffs opposed on January 23, 2017 (“MTD Opposition”) (Dkt. 15), and Nationstar replied on January 26, 2017 (Dkt. 16). On January 6, 2017, Plaintiffs filed the instant Motion to Remand. Nationstar opposed on January 23, 2017 (“MTR Opposition”) (Dkt. 13), and Plaintiffs replied on January 30, 2017 (Dkt. 17).

         II. ...


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