Tutana

BACKGROUND

In sustaining the demurrers of Wells Fargo and Golden West to Tutana’s first amended complaint, the trial court took judicial notice of certain documents. This included recorded documents that indicate Tutana borrowed $300,000 from World

Savings Bank, FSB (World Savings) in November 2005, which loan was secured by a deed of trust to the property (deed of trust). The deed of trust indicated the beneficiary was the “lender,” which was identified as World Savings, its successors, and/or its assignee. According to other documents judicially noticed by the court, World Savings subsequently changed its name to “Wachovia Mortgage, FSB,” which subsequently was converted to a national bank with the name “Wells Fargo Southwest, N.A.” and merged into Wells Fargo. The trustee designated in the deed of trust was Golden West. The deed of trust states that the lender can appoint a successor trustee at any time. In April 2012, NDeX commenced the nonjudicial foreclosure process. NDeX, via LSI, recorded a “Notice of Default and Election to Sell under Deed of Trust.” The notice states that NDeX was “the original Trustee, duly appointed Substituted Trustee, or acting as Agent for the…