Pyle

Deutsche Bank Nat'l Trust Co. v. Pyle

Good Law
13 Cal. App. 5th 513·2017 Cal. App. LEXIS 618·220 Cal. Rptr. 3d 691·2017 WL 2981804
Court of Appeal of CaliforniaJuly 13, 2017D071079California5,749 words

Opinion

Lead Opinion

Nares, J.

*516 In OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th 1318 (review den. May 10, 2017) ( OC Interior ) another panel of this court concluded that a void judgment does not pass title free of the lien purportedly cancelled by the void judgment; rather, "a void judgment in the chain of title has the effect of nullifying a subsequent transfer, including a transfer to a purported bona fide purchaser." ( Id. at p. 1335.) In this case, the parties seek to avoid a similar result by arguing that a void default judgment essentially granted quiet title relief. We reject this argument because the void default judgment did not quiet title to the property.

FACTUAL AND PROCEDURAL BACKGROUND

The Loan and Lender's Acquisition of the Property

In 2004 Denise Saluto recorded a grant deed to real property located in Rancho Mirage, California (the Property). In 2005 Saluto obtained a $517,000 loan on the Property secured by a deed of trust (DOT). The DOT identified Saluto as the borrower and Long Beach Mortgage Company (LBMC) as the lender, beneficiary and trustee. LBMC later merged with Washington Mutual Bank (WaMu), which then became the beneficiary of the loan and DOT,…

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