Judge orders dismissal of foreclosure suit against PHH Mortgage, Morgan Stanley

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Judge orders dismissal of foreclosure suit against PHH Mortgage, Morgan Stanley

Judge orders dismissal of foreclosure suit against PHH Mortgage, Morgan Stanley

Norcalrecord-

A U.S. District Court of the Northern District of California judge tossed a lawsuit against PHH Mortgage Corp. and Morgan Stanley Private Bank.

On April 2, Magistrate Judge Nathanael M. Cousins granted an order in favor of a PHH and Morgan Stanley’s motion to dismiss Eric McAfee and Marguerite McAfee’s lawsuit against them.

The McAfees initially sued the defendants in Santa Clara County Superior Court in August 2018 for an alleged failure to ensure that they were considered for all foreclosure prevention alternatives, negligent misrepresentation, failure to reinstate their mortgage loan, and violation of California’s Unfair Competition Law. The ruling states the defendants recorded a notice of default in January 2018 because the plaintiffs were more than $150,000 behind on their mortgage for their Saratoga home.

[NORCALRECORD]

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