Turner

BACKGROUND AND PROCEDURAL HISTORY

A. The Deeds of Trust and Turner’s Default On January 20, 2005 Turner obtained an $896,000 loan from Countrywide Home Loans, Inc. secured by a deed of trust recorded on his residential property in Altadena.2 On August 25,

For ease of reference, we refer to the motion as U.S. Bank’s summary judgment motion. The factual summary is taken from documents judicially noticed by the trial court.

2 2005 Turner obtained a $250,000 home equity line of credit from Countrywide secured by a second deed of trust recorded on the Altadena property. On March 22, 2007 Turner refinanced both loans and obtained a $1 million loan and a $218,000 home equity line of credit (the 2007 loans) from Countrywide secured by two new deeds of trust recorded on the Altadena property. Turner claims he owns the Altadena property unencumbered because the 2005 deeds of trust were reconveyed in 2007 and he never signed the 2007 deeds of trust. In 2008 Turner defaulted on the $1 million loan. In May 2008 the trustee recorded a notice of default, and in August a notice of trustee sale.

B. Turner’s Chapter 7 Bankruptcy and Assignment of the 2007 Deeds of Trust On May…