Walsh

Walsh v. PNC Bank CA3

Good Law
Court of Appeal of CaliforniaMay 8, 2015C074145California4,773 words

Opinion

Opinion

FACTS

Our statement of facts takes as true “the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded, and matters of which judicial notice has been taken” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 111) but ignores “deductions or conclusions of law” in the complaint (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 967). Walsh co-owned her home in Meadow Vista with Peter Walsh. Two deeds of trust had been recorded on the property, in 2005 and 2006, but the originator “became inactive” and was acquired by another respondent herein, and Walsh alleged neither deed of trust accurately reflected the underlying loans. The loans were “securitized” by respondents. Multiple assignments of the loans were made, without Walsh’s knowledge or consent. The amounts of the loans are not pleaded, but Walsh does not claim that she was not the original borrower of the underlying loans. In 2008, Cal-Western Reconveyance Corporation (Cal-Western) recorded a Notice of Default and Notice of Trustee Sale, acting as a trustee. According to Walsh, Cal- Western was not actually trustee “of record” pertaining to the…

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