Valbuena v. Ocwen Loan Servicing, LLC
California Court of Appeal
188 Cal. Rptr. 3d 668 (2015)
Amado and Myrna Valbuena (plaintiffs) purchased property in California by obtaining a loan secured by a mortgage on the property. The Valbuenas fell behind on their mortgage payments, and the property was scheduled for a foreclosure sale. After notice of the foreclosure sale, but prior to the actual sale, Ocwen Loan Servicing, LLC (Ocwen) (defendant) became the servicer of the mortgage loan. Ocwen sent the Valbuenas a letter indicating that they might be able to lower their monthly mortgage payments and should submit an application for loan modification. The letter further stated that no foreclosure action would be taken if the Valbuenas submitted the application and necessary documentation to Ocwen earlier than seven days prior to the date of the foreclosure sale. The Valbuenas submitted to Ocwen their bank statements, W-2 forms, and pay stubs, as well as additional documentation. Subsequently, Ocwen sent the Valbuenas a letter stating that they were ineligible for a loan modification because the foreclosure sale was in less than seven days. Ocwen foreclosed on the property, and the Valbuenas sued Ocwen for violations of California’s Homeowner Bill of Rights (HBOR). Ocwen demurred, arguing that the complaint was defective because the Valbuenas did not tender the loan balance prior to bringing suit. The trial court found in favor of Ocwen, and the Valbuenas appealed.
Rule of Law
Holding and Reasoning (Goodman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.