Millari

BACKGROUND

In April 2005, Millari obtained a $566,400 loan from Advantage Home Finance (AHF). The note was secured by a deed of trust encumbering the property at 400 Edna Lane, Pacifica (the property). The trustee on the deed of trust was Alliance Title Company (Alliance), which recorded the deed of trust in the official records of San Mateo County on April 22, 2005. The note and deed of trust were among the exhibits attached to Millari’s complaint, and as pertinent here, the deed of trust provided as follows: “24. Substitute Trustee. Lender, at its option, may from time to time appoint a

1 successor trustee to any Trustee appointed hereunder . . . . Without conveyance of the Property, the successor trustee shall succeed to all the title, powers and duties conferred upon the Trustee herein and by Applicable law.” Sometime in 2008, Millari defaulted on his loan, a fact he admits. In November 2008, California Reconveyance Company (CRC), successor trustee, recorded a notice of default and election to sell (notice of default), which stated that Millari was over $53,000 in arrears as of November 21, 2008. Thereafter, CRC recorded six notices of trustee’s sale between April 2009 and…