Judge: Peter A. Hernandez, Case: 24STCV22032, Date: 2024-10-09 Tentative Ruling
Case Number: 24STCV22032 Hearing Date: October 9, 2024 Dept: 34
Plaintiff Jabril Spencer’s
Motion to Consolidate is DENIED.
Background
Plaintiff
Jabril Spencer (“Plaintiff”) alleges as follows:
On August 29, 2007, Plaintiff’s mother, Angela
Cooper (“Cooper”), obtained title to a property located at 316 E. Stepney
Street, #D, Inglewood, CA 90302 as its sole owner by Grant Deed recorded with
the Los Angeles County Recorder’s Office. On that same day, the Grant Deed was
secured by a Deed of Trust in the amount of $311,200.00 held by Mortgageit,
Inc. and recorded. A second Deed of Trust in the amount of $38,850.00 was
recorded on behalf of trustee and beneficiary, Defendant First Horizon Home
Loans (“Horizon”), and against Cooper secured by the property. A ballon payment
of $30,375.82 on the second deed was due on September 1, 2022.
In early 2018, Cooper had a triple bypass surgery and
passed away shoer after on February 21, 2018. Prior to her passing, Cooper
ensured that payments on her mortgage were timely. As a result of his mother’s
death and the death of the mother of Plaintiff’s daughter, Plaintiff
experienced his own health issues and depression. Nevertheless, Plaintiff
continued to make payments to Mortgageit and Horizon. In 2019, Plaintiff’s
health issues worsened.
In January 2019, Plaintiff received bills from
Rushmore Loan Management Services, LLC (“Rushmore”), servicer of the Mortgageit
loan. In February of 2019, Plaintiff contacted both Mortgageit and Horizon to
inform them of Cooper’s death and to determine how to make payments. In April
2019, Plaintiff sought legal advice and was advised to begin probate
proceedings.
From January through December 2019, Plaintiff
continued to make monthly mortgage payments from his own bank account.
In May 2020, Plaintiff tried to pay Rushmore
$7,000.00 but the check was returned because Plaintiff was neither on the Grant
Deed nor named on the mortgage.
In September 2020, Plaintiff attempted to initiate
probate proceedings but was unable to due to the Covid-19 pandemic and
Plaintiff’s health issues.
In 2021, Plaintiff continued to pay Horizon’s
mortgage in the amount of $291.78 per month from Plaintiff’s bank account. However,
on May 24, 2021, Plaintiff had heart surgery.
Plaintiff continued to make payments to Mortgageit
and Horizon from September 2021 to September 2022.
On June 3, 2022, Plaintiff initiated probate of his
mother’s estate.
On June 17, 2022, Mortgageit’s Deed of Trust was
assigned to U.S. Bank Trust National Association (“U.S. Bank”). On August 30,
2022, U.S. Bank recorded a Substitution of Trustee naming Attorney Lender Trustee
under the Deed of Trust.
By September 1, 2022, Horizon’s ballon payment
became due. At that time, Plaintiff received a letter from the Department of
Consumer and Business Affairs, stating that they could help stop a foreclosure
initiated by Rushmore. On October 21, 2022, Plaintiff began a process with the
Foreclosure Prevention Department of the Department of Consumer and Business
Affairs.
On December 5, 2022, Notice of Trustee Sale was
posted on the Subject Property II indicating a sale date of January 5, 2023. On
December 13, 2022, Plaintiff authorized the Department of Consumer and Business
Affairs to release is information to third parties. In late 2022 and early
2023, Plaintiff submitted successor in interest documents, birth certificate,
death certificate, ID, court probate documents and bonds to the servicers of
Mortgageit and Horizon mortgages.
On January 5, 2023, Plaintiff was finally able to
pay Rushmore $193,000.00 to stop foreclosure and start making monthly payments
again. Throughout 2023, Plaintiff attempted to contact Mortgageit and Horizon
to discuss his mother’s estate and avoid foreclosure but was unable to reach
them.
On March 14, 2023, a
Substitution of Trustee was recorded where Nationwide Reconveyance
(“Nationwide”) substituted in for Horizon. Nationwide also recorded a Notice of
Default in the amount of $27,051.67 on behalf of Horizon.
On June 13, 2023, another Notice of Trustee’s Sale
was posted on the door of the property, indicating an August 3, 2023, sale
date. On June 14, 2023, Plaintiff called Horizon to get an update on
foreclosure and he was asked to submit a copy of the original deed and house
value which Plaintiff emailed on June 26, 2023. On June 21, 2023, Nationwide recorded
a Notice of Trustee’s Sale for an unpaid balance of $27,727.08 with an August
3, 2023, sale date.
Throughout June and July of 2023, Plaintiff remained
in contact with Horizon to obtain information on the foreclosure of the
property. On August 2, 2023, Plaintiff received Notice of Postponement of
Trustees Sale to October 3, 2023. Throughout September and October 2023,
Plaintiff remained in contact with Horizon to obtain information on the
foreclosure of the property.
In November and December of 2023, Plaintiff sent
documentation requested by the Foreclosure Prevention Department for Plaintiff’s
mortgage payment assistance loan.
On January 2, 2024, Plaintiff inquired about the
foreclosure and was told that it was postponed but no specific date was set.
On January 31, 2024, Plaintiff received a denial of
his mortgage payment assistance loan application.
On May 2, 2024, a Trustee’s Deed of Sale was
recorded, where Nationwide granted and conveyed the property without covenant
or warranty to Homebridge which paid $60,500.00.
On August
28, 2024, Plaintiff filed a complaint asserting the following causes of action
against Defendants Horizon, Homebridge, and Does 1-100 for:
1.
Wrongful Foreclosure;
2.
Cancellation of Written Instruments;
3.
Unfair Debt Collection Practices;
4.
Unfair Business Practices § 17200;
5.
Quiet Title; and
6.
Declaratory Relief.
On September
10, 2024, Plaintiff filed this Motion to Consolidate. On September 25, 2024,
Homebridge and Horizon filed their individual oppositions to Plaintiff’s
Motion. As of September 30, 2024, Plaintiff has not filed a reply to the
oppositions.
“When actions involving a common question of law
or fact are pending before the court, it may order a joint hearing or trial of
any or all the matters in issue in the actions; it may order all the actions
consolidated and it may make such orders concerning proceedings therein as may
tend to avoid unnecessary costs or delay.” (Code Civ. Proc., § 1048, subd.
(a).)
A notice of motion to
consolidate must:
(A) List all named
parties in each case, the names of those who have appeared, and the names of
their respective attorneys of record;
(B) Contain the captions
of all the cases sought to be consolidated, with the lowest numbered case shown
first; and
(C) Be filed in each case
sought to be consolidated.
(Cal. Rules of Court, rule 3.350(a)(1)(A)–(C).)
“An order granting or denying all or part of a
motion to consolidate must be filed in each case sought to be consolidated. . .
.” (Cal. Rules of Court, rule 3.350(c).)
Under this court’s local rules, “[c]ases may not
be consolidated unless they are in the same department. A motion to consolidate
two or more cases may be noticed and heard after the cases, initially filed in
different departments, have been related into a single department, or if the
cases were already assigned to that department.” (Cal. Rules of Court, rule 3.3(g)(1).)
Conclusion
Plaintiff Jabril Spencer’s
Motion to Consolidate is DENIED.