Kan

Kan v. Guild Mortgage CA2/2

Bad Law
178 Cal. Rptr. 3d 745·2014 Cal. App. LEXIS 925·230 Cal. App. 4th 736
Court of Appeal of CaliforniaSeptember 25, 2014B254007California3,151 words

Opinion

Opinion

Boren, J.

Appellant’s real property loan is in default. Appellant seeks to quiet title and avoid foreclosure by alleging that the deed of trust on the property was improperly securitized and that the beneficiary lacks authority to foreclose. Because California’s nonjudicial foreclosure statutes provide no basis for appellant’s claim, we find that the trial court properly sustained the demurrer to appellant’s complaint without leave to amend.

BACKGROUND

In July 2007, Lindsay T. Kan executed a first note for $516,000, secured by a deed of trust on real property in Stevenson Ranch (the property). The same day, he executed a second note in the amount of $64,500, also secured by a deed of trust on the property. Both trust deeds named Guild Mortgage Company as the lender, Guild Administration Corp. as the trustee, and Mortgage Electronic Registration Systems, Inc. (MERS), as the beneficiary acting as nominee for the lender, its successors, and assigns.

More than two years later—based on what is characterized in appellant’s opening brief as “spectacularly unsound and specious advice”—Kan recorded two instruments that purported to “modify” the deeds of trust to “correctly reflect” an…

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