Basgall

INTRODUCTION

Wayne and Patricia Basgall (collectively the Basgalls) appeal from a judgment of dismissal entered after the trial court sustained without leave to amend the demurrer jointly filed by Federal National Mortgage Association (Fannie Mae) and JP Morgan Chase Bank, N.A. (Chase). The Basgalls’ property was sold at a nonjudicial foreclosure sale by the trustee designated by Chase to purchaser Fannie Mae. The Basgalls claim the sale was invalid due to “procedural irregularities” in the notice of default and deed of sale conveyed to Fannie Mae. The Basgalls in their first amended complaint (FAC) assert causes of action for quiet title, fraud, slander of title, and to remove cloud on the title. The trial court sustained the demurrer on multiple grounds, including that the Basgalls failed to tender the amount they owed Chase on their mortgage, failed to show any prejudice from the alleged irregularities, and failed to allege specific facts to support their fraud and slander of title claims. The Basgalls do not dispute that they failed to pay the $8,406.93 they owed on their mortgage as of the date the notice of default was recorded on November 3, 2010 and do not contend that…