Lubitz v. Wells Fargo Bank, N.A.

By Judge A. Bonwill Shockley

This case comes before the Court on Plaintiff’s Motion to Reconsider. The Court denies the motion for the reasons stated below.

Plaintiff filed her initial complaint on July 16, 2012. She sought an emergency injunction prohibiting the foreclosure sale of her property. Defendant filed a demurrer arguing that Plaintiff was attempting to disguise a HAMP claim and, since HAMP provides no private cause of action, the Complaint should be dismissed. The Court heard arguments on July 19. That same day, the Court entered a final order denying the preliminary injunction and…