Castro

Castro v. IndyMac INDX Mortgage Loan Trust 2005-AR21 CA4/2

Good Law
Court of Appeal of CaliforniaJune 9, 2015E061030California2,182 words

Opinion

Opinion

INTRODUCTION

Plaintiff and appellant Robert J. Castro was the owner of a La Quinta residence,

which was sold in a statutory nonjudicial foreclosure sale (Civ. Code, § 2924) in May

2013, after Castro defaulted on his mortgage payments in 2008. Acting as his own

lawyer, Castro has filed two related appeals from various judgments of dismissal, entered

after the trial court sustained, without leave to amend, defendants’ demurrers to Castro’s

second amended complaint (SAC).

In case No. E061030, there are two sets of related defendants. The Deutsche Bank

(Deutsche Bank) defendants are 1) Deutsche Bank, as Trustee for IndyMac INDX

2 Mortgage Loan Trust 2005-AR21 (IndyMac), the ultimate holder of the note and trust

deed at the time of the foreclosure; 2) OneWest Bank N.A. (OneWest), the authorized

servicer for Castro’s loan; and 3) three individuals, Erica Johnson-Seck, Chamagne

Williams, and Gladys Panameno. The other two defendants in case No. E061030 are

LPS Default Solutions, Inc. (LPS) and an individual, Scott Walker, who acted in interim

roles during the foreclosure proceedings. The second appeal, case No. E061704, involves

three more defendants, Quality Loan Service…

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