U.S. National Bank Assn. v. Sepehry-Fard CA6

I. FACTUAL AND PROCEDURAL BACKGROUND1

The Bank, as trustee for Greenpoint Mortgage Trust Mortgage Pass-Through Certificates, Series 2007-AR2, commenced the underlying litigation by filing a complaint for unlawful detainer and damages against Sepehry-Fard in 2017, citing Code of Civil Procedure section 1161a.2 The Bank alleged that it purchased certain real property

1 Pursuant to this court’s April 2021 order limiting the issue on appeal to only the trial court’s order denying Sepehry-Fard’s motion to recuse Severson as counsel, our discussion will similarly be limited to facts and procedure related to that order. 2 Relevant to this appeal, the statute provides, “[A] person who holds over and continues in possession of . . . real property after a three-day written notice to quit the property has been served upon the person . . . may be removed therefrom as prescribed in located in Saratoga, California “at a trustee’s sale held in accordance with Civil Code section 2924, under a power of sale contained in a deed of trust” that Sepehry-Fard signed in January 2007, such that it was entitled to possession of the property, which was occupied by Sepehry-Fard at the time it filed the…