Morf

Morf v. MTDS, Inc. CA1/5

Good Law
Court of Appeal of CaliforniaNovember 4, 2014A140010California2,388 words

Opinion

Opinion

Bruiniers, J.

I. BACKGROUND

In 2005 and 2006, Morf obtained a $1.2 million mortgage loan (Mortgage) from Indymac Bank, F.S.B. (Indymac), secured by a deed of trust on his home (Deed of Trust), which named Fidelity National Title as trustee.2 The Deed of Trust was assigned a

1 MTDS, Inc. and Meridian Trust Deed Service apparently are former business names of the entity now known as Meridian Foreclosure Service. 2 In 2007, Morf obtained a $194,000 home equity loan from Indymac, also secured by a deed of trust on his home. In 2010, Indymac’s receiver, the Federal Deposit Insurance Corporation (FDIC), transferred the 2007 deed of trust to OneWest Bank, F.S.B. (OneWest).

1 number of times between 2009 and 2011. An assignment recorded November 6, 2009 (dated Aug. 13, 2009) purported to transfer the Deed of Trust from Indymac to OneWest. Morf alleged that Indymac was no longer in existence at the time of the assignment. OneWest recorded a substitution of trustee on November 20, 2009 (dated Aug. 12, 2009) substituting MTDS as trustee. On June 17, 2011, OneWest recorded a further assignment of the Deed of Trust (dated Nov. 17, 2010) to Deutsche Bank National Trust Company, as Trustee of the…

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