Mackey v. Ocwen Loan Servicing, LLC CA5
Plaintiff filed a second amended complaint against defendant, the loan servicing agent for the mortgage on her real property. She alleged she applied for a loan modification agreement with a fixed rate loan, defendant represented it would, and did, obtain one for her, but the loan she received was a variable rate loan that caused her payments to increase beyond affordability. The trial court sustained defendant’s demurrer to the entire second amended complaint without leave to amend, on the ground it failed to state facts sufficient to constitute a cause of action, and plaintiff appeals. We conclude the demurrer to the breach of contract cause of action should not have been sustained, but the demurrer was properly sustained without leave to amend as to all other causes of action.
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