Siliga
Siliga v. Mortgage Electronic Registration Systems, Inc.
Opinion
Opinion
Croskey, J.
Johnny Siliga and Fa’alagilagi Siliga appeal a judgment dismissing their complaint against Mortgage Electronic Registration Systems, Inc. (MERS), Quality Loan Services Company (QLS) and Deutsche Bank National Trust Company (Deutsche Bank) after the sustaining of a demurrer without leave to amend. The Siligas allege four counts arising from a nonjudicial foreclosure. They challenge MERS’s authority to assign the deed of trust and the note to Deutsche Bank and QLS’s authority to record a notice of default. They also contend they are entitled to leave to amend their complaint to correct particular defects. We conclude that they have shown no error and will affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
1. Factual Background
The Siligas executed a deed of trust in June 2004 against real property, their primary residence, located in Carson, California. The deed of trust secured a $280,000 promissory note in favor Accredited Home Lenders, Inc. (Accredited). The deed of trust identified the Siligas as “Borrower” and Accredited as “Lender.”
The deed of trust stated, “MERS is a separate corporation that is acting solely as a nominee for Lender and Lender’s successors…