Martin v. NationStar Mortgage CA1/2
Plaintiffs Robert Martin and Hannah Martin (the Martins or plaintiffs) appeal a judgment in favor of defendant NationStar Mortgage LLC (NationStar) after the trial court sustained NationStar’s demurrer to plaintiffs’ fourth amended complaint. The Martins and NationStar entered into a written agreement modifying the Martins’ mortgage loan. After sending their first monthly payment, the Martins began to receive account statements showing a deficiency. Plaintiffs inquired, and NationStar responded that the Martins were obligated to remit amounts sufficient not just to cover their principal and interest obligation, but also for “Escrow Items” (which they had not done). The Martins nonetheless continued to pay NationStar for principal and interest, only, and after a few months, NationStar issued a notice of default.
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