Nehme

Nehme v. BAC Home Loans Servicing CA2/7

Good Law
Court of Appeal of CaliforniaOctober 15, 2013B241966California3,800 words

Opinion

Opinion

INTRODUCTION

Plaintiff William Nehme brought this action for fraud, rescission, and other claims after he lost his home through foreclosure. He appeals a judgment entered in favor of defendants Bank of America, N.A. as successor by merger to BAC Home Loans Servicing, LP; Recon Trust Company, N.A.; Landsafe Title of California, Inc. erroneously named as Landsafe Title Corporation; Mortgage Electronic Registration Systems, Inc.; and MERSCORP, Inc., after the trial court sustained defendants’ demurrer without leave to amend. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND1

Nehme purchased a home in Valencia (the Property) on May 29, 2007. Countrywide Home Loan, Inc. informed Nehme that he “required a loan and a Mortgage” in order to purchase the Property. Nehme applied for the loan with Countrywide. According to Nehme, Countrywide represented to him that Countrywide would “provide [Nehme] with a loan and Mortgage,” and “[w]hen [Nehme] completed purchasing the P[roperty,] his N[ote] would be secured by a Mortgage.” At the closing, Countrywide required Nehme to sign several documents, including a promissory note for $2,100,000 and a deed of trust with the property as security. Based on…

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