Nature of the Case
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Facts
P obtained an adjustable rate home loan in the sum of $645,000, secured by a deed of trust on her home. In 2008, D purchased P's loan. P failed to make payments on the home loan. As a consequence, a notice of default and election to sell under the deed of trust was recorded in March 2009. P was $17,795.91 in arrears as of March 17, 2009. In July 2009, after her home loan went into default, P agreed to a trial period plan under HAMP. P complied with the terms and timely made every reduced monthly payment on her loan during the trial period and afterward. D denied P a permanent loan modification, and P's home was sold at a trustee's sale just two days after D told her. This happened even after P contacted D on numerous occasions requesting a “re-evaluation” (boldface & underscoring omitted) using updated financial information. On May 24, P had made her 10th reduced payment of $1,931.86, which D rejected and returned to P. Even after the trustee’s sale, D sent P information and solicited her twice for HAMP. P sued alleging fraud, breach of written contract, promissory estoppel, and other causes of action. The trial court sustained without leave to amend D's demurrer to the third amended complaint. The third amended complaint asserted fraud; negligent misrepresentation; conversion; set aside or vacate void trustee sale; unfair business practices; slander of title; breach of written contract; verified quiet title; and promissory estoppel. D appealed.
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