Dymmel v. Nationstar Mortgage CA2/1
Kenneth and Ruth Dymmel (collectively, the Dymmels) have been significantly in arrears on their home mortgage since 2014, and the balance as of 2019, $1,260,594.78, vastly exceeds the initial amount that they borrowed.
In November 2019, more than three months after a notice of default and election to sell their property had been recorded, the Dymmels submitted a loan modification application, as to which there was no response. In December 2019, they sued various mortgage holders and servicers, defendants Bank of America, N.A. (Bank of America), Nationstar Mortgage LLC (Nationstar), and Aztec Foreclosure Corporation (Aztec), for failing to accept their loan modification application.
Nationstar, the current mortgage servicer, responded to the lawsuit by filing a motion for judgment on the pleadings, which the trial court granted. The Dymmels appeal from this order. As we discuss below, their challenges to the judgment are meritless. Accordingly, we affirm.
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