Torres

Torres v. Flagstone Bank CA2/6

Good Law
Court of Appeal of CaliforniaJuly 23, 2013B240936California1,251 words

Opinion

Opinion

Yegan, J.

Facts In March 2007, appellant and his wife executed a deed of trust in favor of Mortgage Electronic Registration Systems, Inc. (MERS) as beneficiary and nominee for the lender, Flagstar Bank, FSB (Flagstar). The deed of trust secures a promissory note for $385,000 and covers a single family home in Simi Valley (the Property). In June 2012, MERS assigned its beneficial interest under the deed of trust to Flagstar, and Flagstar assigned its interest to Fannie Mae. At the same time, PLM Lender Services, Inc. (PLM) was substituted as the trustee under the deed of trust. The assignments were recorded in June 2010 and March 2011, respectively. The substitution of trustee was recorded in January 2011. A notice of default was recorded with respect to the property on June 22, 2010. A notice of trustee's sale was recorded on January 4, 2011. The property was sold to Fannie Mae at the trustee's sale on March 2, 2011. The trustee's deed upon sale was recorded on March 4, 2011. Appellant filed his original complaint in February 2011. After demurrers were sustained with leave to amend, appellant filed a second amended complaint in May 2011. The pleading alleges 16…

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