Valbuena v. Ocwen Loan Servicing CA2/5

Opinion

GOODMAN, J.* —

Plaintiffs Amado and Myma Valbuena sued Ocwen Loan Servicing, LLC (Ocwen), following their lender’s purchase of their residence at a nonjudicial foreclosure sale. They allege that Ocwen violated Civil Code section 2923.6, the prohibition on “dual tracking” contained in the Homeowner Bill of Rights, when it conducted a foreclosure sale of their property while their loan modification application was pending. The trial court sustained Ocwen’s demurrer, ruling that plaintiffs’ failure to allege tender of the loan balance defeated their claims. We disagree, and so reverse the…