Martinez v. Cenlar

2014 WL 4354875 (2014)

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Nature of the Case

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Facts

P purchased and two years later lost her job. On August 9, 2010, P received a Notice of Trustee Sale. The Trustee Sale was cancelled and her mortgage payments were temporarily reduced. One year later in August 2011, the temporary modification of her mortgage payments expired and her payment was increased. P was unable to continue making payments. On August 26, 2011, D, P's loan servicer, signed a contract with the Arizona Department of Housing, which runs the Arizona Hardest Hit Fund (HHF) program. If a borrower has been conditionally approved for HHF, the Servicer shall not initiate the foreclosure process or, if the borrower is already in the foreclosure process, [shall delay] a foreclosure sale for 45 days, with any extensions by mutual consent of the Eligible Entity and the Servicer. If a borrower has been conditionally approved for HHF, the Servicer shall not initiate the foreclosure process or, if the borrower is already in the foreclosure process, [shall delay] a foreclosure sale for 45 days, with any extensions by mutual consent of the Eligible Entity and the Servicer. On June 26, 2012, D received an 'I' record from the Arizona Department of Housing indicating their intent to provide payment assistance to P through the HHF program. On July 3, 2012, P's house was sold at an auction without P's knowledge. On July 6, 2012, D sent an objection to the Arizona Department of Housing because the house had been foreclosed on July 3, 2012. P was forced to vacate her home in July 2012. P sued D and D filed a Motion to Dismiss. P alleges a breach of contract, wrongful foreclosure, breach of the covenant of good faith and fair dealing, and negligent performance of an undertaking. D filed a Motion for Judgment on the Pleadings. P filed a Motion for Leave to Amend Complaint.