Samson

STATEMENT OF THE CASE AND FACTS

On July 26, 2005, appellant borrowed $576,000 from Evergreen Lending, Inc. (Evergreen), secured by a deed of trust on the property located at 2574 31st Avenue, San Francisco, California, and subject to a promissory note and adjustable rate rider.

1 Evergreen was the beneficiary under the deed of trust. Alliance Title was the trustee. The deed of trust provided that “[t]he Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to the Borrower.” Evergreen subsequently assigned its beneficial interest under the deed of trust to Mortgage Electronic Registration Systems (MERS) through an assignment notarized on December 1, 2006, and recorded on February 28, 2007. 1 MERS later assigned its beneficial interest in the deed of trust to OneWest Bank FSB (OneWest) through an assignment dated July 26, 2010, notarized on August 25, 2010, and recorded on September 1, 2010. By a substitution of trustee document dated July 26, 2010, notarized on August 3, 2010, and recorded on November 4, 2010, OneWest substituted Meridian Trust Deed Service (Meridian) in place of Alliance as trustee…