Gomes

Gomes v. Countrywide Home Loans, Inc.

Good Law
121 Cal. Rptr. 3d 819·192 Cal. App. 4th 1149·2011 Cal. App. LEXIS 187
Court of Appeal of CaliforniaFebruary 18, 2011No. D057005California4,168 words

Opinion

Lead Opinion

Irion, J.

Jose Gomes appeals from a judgment entered following the trial court’s order sustaining, without leave to amend, a demurrer filed by defendants Countrywide Home Loans, Inc. (Countrywide); Mortgage Electronic Registration Systems, Inc. (MERS); and ReconTrust Company, N.A. (ReconTrust) (collectively Defendants).

As we will explain, we conclude that the trial court properly sustained the demurrer without leave to amend.

*1151 I

FACTUAL AND PROCEDURAL BACKGROUND

In February 2004 Gomes borrowed $331,000 from lender KB Home Mortgage Company to finance the purchase of real estate. In connection with that transaction, he executed a promissory note (the Note), which was secured by a deed of tmst. The deed of trust identifies KB Home Mortgage Company as the “Lender” and identifies MERS as “acting solely as a nominee for Lender and Lender’s successors and assigns,” and states that “MERS is the beneficiary under this Security Instrument.”

The role of MERS is central to the issues in this appeal. As case law explains, “MERS is a private corporation that administers the MERS System, a national electronic registry that tracks the transfer of ownership interests and servicing…

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