De Smidt v. Nationstar Mortgage CA4/2

I.

INTRODUCTION

After defaulting on his loan in 2008, filing for chapter 7 bankruptcy in 2015, and

losing his home in a nonjudicial foreclosure sale in 2017, Cameron De Smidt sued Bank

of America, N.A. (BANA), Nationstar Mortgage LLC (Nationstar), Federal National

Mortgage Association (Fannie Mae), and Mortgage Electronic Registration Systems, Inc.

(MERS) (De Smidt I respondents) seeking to rescind the sale under multiple theories,

including invalid debt assignment. The trial court sustained demurrers without leave to

amend and entered judgments of dismissal against De Smidt. In 2020, we affirmed those

judgments in a prior opinion, finding that De Smidt lacked standing to assert the claims

he asserted, all of which belonged to the bankruptcy estate. (De Smidt v. Nationstar

Mortgage LLC et al., (Jun 08, 2020, E069887) [nonpub. opn.] (De Smidt I).)

De Smidt then filed this case, again asserting various claims against BANA,

Nationstar, Fannie Mae, MERS, as well as Recontrust Company, N.A., and the law firm

of Barrett Daffin Frappier Treder & Weiss, LLP (respondents). Respondents demurred,

the trial court sustained the demurrers without leave to amend and entered…