Madden v. Bank of America
Heather Madden appeals from the judgment entered after the trial court sustained without leave to amend the demurrer of respondent Bank of America to her first amended complaint for fraud, "lack of standing" to bring a foreclosure action and several other legal theories. Appellant obtained a loan, secured by a deed of trust on her house, from respondent's predecessor. Respondent initiated a nonjudicial foreclosure on the deed of trust after appellant defaulted on the loan. Appellant alleges, among other claims, that respondent refused to modify the loan unless she was in default. When she defaulted, respondent foreclosed without first offering to modify the loan. Appellant also alleges that respondent lacks standing to foreclose because there is no recorded document assigning the original promissory note and deed of trust to respondent. The trial court sustained respondent's demurrer without leave to amend after it concluded appellant failed to state a claim for relief on any of the theories alleged in her complaint. Appellant contends the trial court erred because she properly alleged causes of action for fraud and "lack of standing" to bring a foreclosure action. We affirm.[1]
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