Sanchez

Sanchez v. S.B.S. Trust Deed Network CA2/1

Good Law
Court of Appeal of CaliforniaMay 14, 2015B252967California3,246 words

Opinion

Opinion

Chaney, J.

BACKGROUND

According to Sanchez, SBS is the trustee that handled the foreclosure of Sanchez’s real property and sold the property at a trustee’s sale on December 23, 2009. As set forth in more detail below, Sanchez filed a prior action (case No. BC426454), naming SBS as a defendant in the original complaint filed on November 20, 2009 before the foreclosure sale, and dropping SBS from the first amended complaint filed on January 15, 2010 after the foreclosure sale (hereafter referred to as the Prior Action). More than three years later, on March 8, 2013, Sanchez named SBS as a defendant in the second amended complaint filed in the current action (case No. BC488560). Prior Action (Case No. BC426454) On November 20, 2009, Sanchez filed the Prior Action, naming SBS and five others as defendants. Sanchez alleged, in or about November 2008, he discovered a man named Gilberto Lopez had stolen his identity and obtained a $75,000 loan from lender Antalejeff, Inc. The loan, which was secured by a deed of trust against Sanchez’s property, was serviced by Capital Benefit Mortgage, Inc. Shortly after learning about the fraudulent loan in his name, Sanchez contacted Capital Benefit Mortgage…

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