McCaa v. Ocwen Loan Servicing LLC CA4/1
Plaintiffs and appellants Carolann McCaa and David McCaa (the McCaas or Plaintiffs) are homeowners who have sued defendant and respondent Ocwen Loan Servicing LLC (Ocwen), their former mortgage loan servicer, on breach of contract and misrepresentation theories. During the period that Ocwen serviced their loan, the McCaas applied for a loan modification that Ocwen never completed, before it was required to transfer the account to a successor loan servicer. The McCaas allege they sustained damages in connection with the Ocwen failed application, although they ultimately obtained a different loan modification from one of the successor loan servicers. (West v. JP Morgan Chase Bank, N.A. (2013) 214 Cal.App.4th 780, 796-799 (West) [loan modification trial payment plan constitutes an enforceable contract, when HAMP terms apply and are considered]; Lueras v. BAC Home Loans Servicing, LP (2013) 221 Cal.App.4th 49, 68-69 (Lueras) [although ordinary negligence cause of action did not lie aga
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