Schep

Schep v. Capital One, N.A.

Good Law
12 Cal. App. 5th 1331·2017 Cal. App. LEXIS 582·220 Cal. Rptr. 3d 408·2017 WL 2729834
Court of Appeal of CaliforniaJune 26, 2017B269724California2,693 words

Opinion

Lead Opinion

Hoffstadt, J.

*1333 Are a trustee's acts in recording a notice of default, a notice of sale, and a trustee's deed upon sale in the course of a nonjudicial foreclosure privileged under Civil Code section 47 ? 1 We conclude that they are and that a plaintiff does not state a cause of action for slander of title based on the recording of those documents. Accordingly, we affirm the trial court's order sustaining a demurrer to plaintiff's slander of title claim without leave to amend.

*1334 FACTS AND PROCEDURAL BACKGROUND

I. Factual Background

A. Original loan and deed of trust

In April 2007, Raymond A. Schep (plaintiff) borrowed $910,000 from a mortgage company secured by a deed of trust to a home in Beverly Hills (the property). The deed of trust designated Chevy Chase Bank, F.S.B. (Chevy Chase) the trustee and Mortgage Electronic Registration Systems, Inc. (MERS) the beneficiary. In July 2009, Chevy Chase merged with defendant Capital One, N.A. (Capital One), and Capital One became the new trustee to the deed of trust.

B. Arrears and foreclosure

By October 2009, plaintiff was $29,206.66 behind on his loan payments. In the fall of 2009, MERS named defendant T.D. Service Company (T.D.…

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