Samson

STATEMENT OF THE CASE AND FACTS

As described at length in our nonpublished opinion in Samson v. OneWest Bank (A139967) (Samson II), on July 26, 2005, appellant borrowed $576,000 from Evergreen Lending, Inc., secured by a deed of trust on the property located at 2574 31st Avenue in San Francisco, California. The deed of trust was subsequently assigned to Mortgage

1 Electronic Registration Systems, and eventually to OneWest Bank (OneWest) and then to “U.S. Bank National Association as Trustee for the LXS 2005-5N” (LXS Trust). Meanwhile, appellant’s loan payments increased, she became unable to pay them, and in July 2010, a “Notice of Default and Election to Sell under Deed of Trust” was filed on behalf of OneWest. On October 25, 2010, appellant, in propria persona, sued OneWest and other defendants in federal district court (Samson I), challenging the securitization of her mortgage loan and, based on alleged defects in the various assignments of the deed of trust, the defendants’ authority to pursue foreclosure. Meanwhile, on November 23, 2010, appellant filed a voluntary petition in bankruptcy under chapter 13 of the federal Bankruptcy Act. In the federal court case, appellant…