Haynes

Haynes v. Emc Mortgage Corp.

Caution
140 Cal. Rptr. 3d 32·2012 Cal. App. LEXIS 465·205 Cal. App. 4th 329
Court of Appeal of CaliforniaApril 9, 2012No. A131023California3,110 words

Opinion

Lead Opinion

Rivera, J.

*331 Opinion

Nathaniel Haynes appeals from a judgment of dismissal following the court’s order sustaining a demurrer to his first amended complaint. He contends that the trial court erred in ruling that Civil Code 1 section 2932.5’s provisions requiring the assignee of a mortgagee to record the assignment prior to exercising a power to sell real property does not apply to deeds of trust. We affirm.

FACTUAL BACKGROUND

As this appeal arises after the sustaining of a demurrer, the general rule is that we “assume the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn therefrom.” (Coleman v. Gulf Ins. Group (1986) 41 Cal.3d 782, 789, fn. 3 [ 226 Cal.Rptr. 90 , 718 P.2d 77 ].)

On May 4, 2006, Haynes purchased a home located at 1900 107th Street in Oakland. Haynes executed a deed of trust on the property that named EquiFirst Corporation as the lender, Placer Title Company as the trustee, and Mortgage Electronic Registration Systems, Inc. (MERS), as the beneficiary under the security instrument. The deed of trust secured a promissory note in the amount of $437,750.

Haynes defaulted on the promissory note. On April 10, 2008, Quality Loan…

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