Spicuzza

FACTS

On October 7, 2005, Spicuzza obtained a loan from Mortgageit, Inc. to purchase a condominium in Los Angeles. The deed of trust securing the loan listed the lender as Mortgageit, the trustee as Investors Title, and the beneficiary as Mortgage Electronic Registration Systems, Inc. (MERS). In January 2009, Quality recorded a notice of default on the property initiating a nonjudicial foreclosure on behalf of the beneficiary of the deed of trust. In February 2009, Quality filed a substitution of trustee stating the current beneficiary under the deed of trust is the Trust and substituting Quality as trustee. Christina Allen signed on behalf of the Trust as a duly appointed officer. The Trust has not filed any records with the United States Securities and Exchange Commission (SEC) and does not have a “pooling and servicing” agreement. On February 27, 2009, Select Portfolio Servicing, Inc., which has some affiliation with Quality, recorded a corporate assignment of the deed of trust. The assignment stated

2 MERS, as nominee for Morgageit, assigned the beneficial interest in the deed of trust to U.S. Bank, as trustee for the Trust. The assignment was signed by Bill Koch as…