Tanguma
Tanguma v. Bank of New York Mellon CA5
Opinion
Opinion
Background on the Prior Action As detailed in this court’s nonpublished opinion, plaintiff filed the prior action in the trial court to prevent the foreclosure of a deed of trust (the deed of trust) plaintiff executed as security for a $247,000 loan (the promissory note) by Quality Home Loans, Inc. (Quality). (Tanguma, supra, F075930, typed opn. at p. 2.) Plaintiff did not deny she materially defaulted on the loan but claimed “the persons initiating the nonjudicial foreclosure process against her had no right or authority to do so because the assignments of the promissory note and deed of trust were allegedly void.” (Ibid.) In that action, plaintiff argued the relevant assignments were improper because a document referred to as an “ ‘Allonge’ ” transferring rights to BNY and purportedly signed by Quality’s assistant vice president was improper—because either the signer lacked authority to sign or did not actually sign, potentially because the document was “robo-signed.” (Id. at pp. 3–4.) Plaintiff also alleged that a separate assignment from a company known as Mortgage Electronic Registration Systems, Inc. (MERS) to BNY was improper because MERS “had no such rights to assign…