Hughes

FACTS

Hughes’ first amended complaint was filed on January 27, 2014. It alleges he took title to the subject property – a residential property in Coto de Caza – on January 15, 2014, and that he assumed title subject to any valid senior lien existing against the property on that date. Exhibit A to the first amended complaint reflects Hughes purchased his interest in the property at a trustee’s sale conducted in connection with a notice of delinquent assessment lien recorded on behalf of “CZ Master Association” in August 2008. He paid less than $10,000. Hughes alleges that defendants the Bank, Specialized Loan Servicing, and The Mortgage Law Firm claim to be, respectively: (1) the beneficiary of a loan obligation secured by a deed of trust recorded against the property in 2006; (2) the servicer of that loan obligation; and (3) the trustee on the deed of trust. Hughes disputes each of those claims.

3 Hughes alleges defendants recorded a “Notice of Default and Election to Sell Under Deed of Trust,” as part of their effort to conduct a nonjudicial foreclosure of the property. However, Hughes alleges the notice is inaccurate in that (1) it “claims or implies” defendants are authorized…