Max

BACKGROUND

On August 6, 2004, appellant and her husband, Thomas J. Lutterman, obtained a $231,500 loan from America’s Wholesale Lender payable over 30 years at 6.125 percent interest. This loan was evidenced by a note and secured by a deed of trust on appellant and Lutterman’s residence located at 4608 Trowbridge Lane, Salida, California (Property). The deed of trust names Stewart Title as the trustee and Mortgage Electronic Registration Systems, Inc. (MERS) as the beneficiary and nominee of America’s Wholesale Lender. The deed of trust provides that both it and the note can be sold without notice to the borrowers and that the lender may appoint a successor trustee. On April 23, 2012, MERS assigned all beneficial interest under the deed of trust to Fannie Mae. On May 11, 2012, Fannie Mae substituted MDS in place of Stewart Title as trustee.

2. Appellant fell behind on the loan payments and MDS recorded a notice of default for appellant’s loan on May 15, 2012. On August 16, 2012, MDS recorded a notice of trustee’s sale to set a September 5, 2012 sale of the Property. Fannie Mae purchased the Property and a trustee’s deed upon sale was recorded on September 7, 2012. In response to…