Berube

Berube v. Homesales CA6

Good Law
Court of Appeal of CaliforniaSeptember 29, 2015H041422California3,872 words

Opinion

Opinion

I. INTRODUCTION

Appellant Michael R. Berube, a self-represented litigant, borrowed $1.5 million when he refinanced the mortgage on his home in Carmel. After Berube defaulted on the loan, nonjudicial foreclosure proceedings were initiated and in 2008 the Carmel property was sold at a foreclosure sale. In 2014, Berube filed the instant action against respondents Homesales, Inc. (Homesales), JPMorgan Chase Bank, J.P. Morgan Mortgage Acquisition Corp., and Mortgage Electronic Registration Systems, Inc. (MERS), in which he alleged that defendants did not have the legal authority to foreclose.

1 Defendants Cal-Western Reconveyance Corp. and First American Title Company are not parties to this appeal. The trial court sustained defendants’ demurrers to all causes of action included in the complaint without leave to amend and entered an order of dismissal. For the reasons stated below, we conclude that the trial court did not err and that Berube has not shown on appeal that the complaint may be amended to state a cause of action. We will therefore affirm the order of dismissal.

II. FACTUAL BACKGROUND

Our summary of the facts is drawn from the allegations of the complaint and…

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