Russell

Russell v. Deutsche Bank National Trust CA2/3

Good Law
Court of Appeal of CaliforniaApril 17, 2013B239767California1,990 words

Opinion

Opinion

Kitching, J.

INTRODUCTION

Plaintiff and appellant Karan J. Russell appeals an order denying her motion to set aside the judgment in favor of defendants and respondents Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement Dated as of June 1, 2007 Securitized Asset Backed Receivables LLC Trust 2007-BR5 Mortgage Pass-Through Certificates, Series 2007-BR5 (Deutsche Bank) and Barclay’s Capital Real Estate Inc., doing business as HomEq Servicing (HomEq). We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In August 2006, Russell and Fred Hemphill obtained a loan in the amount of $880,000 from New Century Mortgage Corporation (New Century). Russell and Hemphill executed a promissory note and deed of trust. The deed of trust memorialized New Century’s security interest in Russell’s real property located at 3624 Fairway Boulevard in Los Angeles (the property.) Neither the promissory note nor the deed of trust are in the record. In about March 2007, HomEq began servicing Russell’s loan. HomEq contends that as of October 1, 2007, Russell was in default on her obligations under the promissory note. HomEq requested Quality Loan Service Corp. (QLS) to initiate foreclosure…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.