Federal National Mortgage Association v. DeSmidt CA4/2

I.

INTRODUCTION

In this unlawful detainer action, defendant and appellant, Cameron DeSmidt

appeals the trial court’s orders (1) denying his request for restitution, (2) denying his

motion for a new trial, and (3) dismissing with prejudice this action filed against him.

We find no error and affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

In 2007, DeSmidt took out a mortgage for about $367,000, for a property in

Murrieta. DeSmidt stopped making payments on the mortgage in December 2008. The

property was eventually foreclosed on in a trustee’s sale in February 2017. By that time,

DeSmidt was nearly $600,000 in arrears on the loan, yet he remained in possession of the

property.

Plaintiff and respondent, Federal National Mortgage Association aka “Fannie

Mae” thus filed this unlawful detainer action against DeSmidt in July 2017. Not long

after DeSmidt answered the complaint, Fannie Mae moved for summary judgment. The

trial court granted the motion, entered a judgment of possession for Fannie Mae, and then

issued a writ of possession, which was enforced by a Sheriff’s lockout in February 2019.

DeSmidt vacated the property and Fannie Mae took possession of it. DeSmidt…