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GAUDIN v. SAXON MORTG. SERVICES, INC.

No. C 11-1663 RS.

820 F.Supp.2d 1051 (2011)

Marie GAUDIN, Plaintiff, v. SAXON MORTGAGE SERVICES, INC., Defendants.

United States District Court, N.D. California, Northern Division.

August 22, 2011.

Attorney(s) appearing for the Case

Daniel Joseph Mulligan, Jenkins, Mulligan & Gabriel, LLP, San Diego, CA, Peter B. Fredman, Law Office of Peter Fredman, Berkeley, CA, for Plaintiff.

Erik Wayne Kemp, Severson & Wersonm, A Professional Corporation, Regina Jill McClendon, Esq., Locke Lord, San Francisco, CA, Jeanette Viggiano Torti, Laila Abou-Rahme, Bingham McCutchen, LLP, New York, NY, for Defendants.

ORDER GRANTING MOTION TO DISMISS, WITH LEAVE TO AMEND

RICHARD SEEBORG, District Judge.

In this putative class action, named plaintiff Marie Gaudin alleges that she and defendant Saxon Mortgage Services, Inc. entered into a binding contract under which Saxon had the duty to evaluate her under the Homeowners Affordable Modification Program ("HAMP") and to offer her a permanent modification of the terms of her home mortgage agreement, in the event all the conditions...

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