Montenegro

FACTS AND PROCEDURE

According to the third amended complaint, on December 1, 2006, Montenegro entered an agreement to purchase property located at 9825 Sunland Boulevard in Sunland, California (Property). Montenegro obtained an adjustable rate note and deed of trust securing a loan on the property but, according to him, did not receive a signed copy of the deed of trust and note. The recorded deed contains Montenegro’s signature. According to the complaint, Recontrust Company was the trustee on the deed of trust. In 2009, there was a foreclosure sale. The trustee’s deed of sale was rescinded on March 9, 2012. At that time, Montenegro attempted to negotiate a new loan with Bank of America. Montenegro was not permitted on the Property because of the foreclosure sale and could not access his mail there. On October 2, 2012, Bank of America issued a new notice of default. The declaration attached to the October 2, 2012 notice of default was void because it was signed by a “robosigner” and was dated almost two years earlier. On January 4, 2013, Bank of America recorded a notice of trustee’s sale. The notice of trustee sale violated former section 2923.54 and was signed by a…