Valbuena v. Ocwen Loan Servicing, LLC

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.