Vitale

BACKGROUND

In December 2006, Vitale obtained a loan for $858,650 from Residential Mortgage Capital (Residential) secured by a deed of trust on her property. The deed of trust named MERS as Residential’s nominee beneficiary and assigned MERS the right to exercise all interests granted by Vitale under the deed of trust in favor of the lender and the lenders successors and assignees. The note was subsequently transferred into a securitization trust pursuant to a pooling and service agreement. Vitale defaulted on her mortgage payments, and on July 9, 2009 Old Republic Default Management Services (Old Republic), as agent for the beneficiary, recorded a

1 notice of default and election to sell under the deed of trust. An assignment of deed of trust assigning all beneficial interest from MERS to Central Mortgage Company was executed on July 21. That same day, Central executed a substitution of trustee naming Old Republic as trustee. A notice of trustee’s sale was recorded on January 11, 2010. Vitale sued Central, MERS, and Old Republic. Following rulings on two demurrers and a motion for judgment on the pleadings, Central and MERS (defendants) moved for summary judgment on Vitale’s…