McCabe

BACKGROUND

McCabe’s second amended complaint (hereafter referred to as the complaint)

alleged 10 causes of action, all arising out of his claim that defendant and respondent

Wells Fargo Bank acted unlawfully in initiating a foreclosure sale of McCabe’s

residence.1 McCabe admitted that he was in default under the promissory note he

executed to secure refinancing of the existing loan on his residence and stated that he did

“not seek to obviate his financial obligation under the underlying promissory note.” He

contended that the defendants were all “strangers to his mortgage loan” who had no

authority to foreclose on his property.

The foreclosure was commenced on August 1, 2008, with the recording of a notice of default. That notice was rescinded on March 9, 2010, and a new notice of default was recorded on November 23, 2010. A notice of trustee’s sale was recorded on February 24, 2011. The sale was postponed multiple times, and another notice of trustee’s sale was recorded on June 12, 2012.

2 The lender on the refinancing was GreenPoint Mortgage Funding, Inc.

(GreenPoint). The deed of trust which secured the note stated that GreenPoint was the

lender, Marin…