Ratterree v. Federal Nat. Mortgage Assn. CA3
In October 2012, appellant Terry M. Ratterree lost his residence through nonjudicial foreclosure by respondents Federal National Mortgage Association and Seterus, Incorporated. After the foreclosure, Ratterree sued the respondents for violating the Homeowner’s Bill of Rights (HBOR) and for wrongful foreclosure. Respondents demurred to Ratterree’s second amended complaint, and the trial court sustained the demurrer without leave to amend. Ratterree appeals from the subsequently entered judgment of dismissal. On appeal, Ratterree contends (1) the trial court erroneously ruled Ratterree could not state a cause of action under Civil Code section 2924.17 because it is preempted by federal law, and (2) the trial court erred in dismissing his cause of action for wrongful foreclosure on grounds Ratterree had not alleged compliance with the “tender rule.”
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