Starr v. OneWest Bank
Plaintiffs Sandra Starr and Richard Starr appeal from a judgment entered after the court sustained without leave to amend the demurrer of defendant OneWest Bank, FSB to the second amended complaint. Although the allegations are framed in a variety of causes of action, the complaint essentially asserts defendant improperly began and maintained non-judicial foreclosure proceedings after plaintiffs defaulted on a note secured by a deed of trust on their residence and failed to properly evaluate their request for refinance of the loan.
On appeal they contend the court erred in concluding their claims were primarily based on violation of the Home Affordable Modification Program (HAMP[1]), which does not allow a private right of action, and that instead each cause of action states sufficient facts to constitute a claim. They primarily seek pain and suffering damages due to the threat of losing their home. They have not sufficiently pleaded any of the causes of action nor will they be able to do so. Thus we affirm.
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