People v. Mack CA4/3

FACTS

I.

THE VIA DEL RIO PROPERTY (COUNT 1 AGAINST BOTH DEFENDANTS)

In 1992, the Macks purchased a home located at 1404 Via Del Rio, in Corona, California (the Via Del Rio Property). In April of 2009, the property was sold in a foreclosure sale (also known as a trustee’s sale). The new owner was H&R Block Bank. The Macks had no ownership interest in the Via Del Rio Property at that time. In June of 2009, H&R Block Bank filed an unlawful detainer action against the Macks. In September 2009, after a trial in the unlawful detainer action, the Macks were formally evicted. That same year, the Via Del Rio Property was purchased by Abbas Faradjollah from H&R Block Bank. The property was in poor condition at the time. Faradjollah repaired the property and rented it out to tenants. Faradjollah pays the property taxes and homeowner’s association fee associated with the property. In October of 2014, the Macks recorded a “Correction of Grant Deed,” which forms the basis of count 1. This document purported to correct the deed issued in September of 1992 whereby the Macks acquired the Via Del Rio Property. Whereas the original deed showed Frances Cook as the grantor and the Macks as the…