Hopkins v. Homeward Residential, Inc. CA1/2
Plaintiff Donald Ray Hopkins (Hopkins) appeals from judgments in favor of defendants Homeward Residential, Inc. (Homeward) and Citibank, N.A. (Citi) following the trial court’s orders sustaining defendants’ demurrers to Hopkins’s fifth amended complaint without leave to amend.
Hopkins took out a loan secured by a deed of trust on his home. Homeward serviced the loan for the lender, and Hopkins made loan payments to Homeward through a checking account he had with Citi. Hopkins sued Homeward, Citi, and the lender, alleging they conspired “to engage [in] an illegal hard money lending and foreclosure scheme.” Essentially, he claimed that he always made or tried to make timely loan payments, but starting in July 2010, defendants conspired to misplace or misallocate his loan payments. This allegedly resulted in Homeward wrongly charging Hopkins late fees, which eventually caused him to stop making loan payments.
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