Thomas

Thomas v. Bank of America CA4/1

Good Law
Court of Appeal of CaliforniaMay 31, 2013D061012California4,201 words

Opinion

Opinion

INTRODUCTION

Rudie Thomas appeals from a judgment dismissing his second amended complaint

(SAC) for wrongful foreclosure related causes of action after the trial court sustained a

demurrer to it without leave to amend. Thomas asserts numerous grounds of error. We

conclude none of them has merit and affirm the judgment.

BACKGROUND

Because this appeal arises from the sustaining of a demurrer, we summarize the

underlying facts stated in the SAC. We accept as true the SAC's properly pleaded

material factual allegations and facts properly judicially noticed. (Debrunner v. Deutsche

Bank National Trust Co. (2012) 204 Cal.App.4th 433, 435-436 (Debrunner).)

In March 2006 Thomas borrowed over $600,000 from Resmae Mortgage

Corporation (Resmae). The loan was secured by a trust deed on real property. The trust

deed was recorded evidencing the secured loan. The trust deed identified Chicago Title

Company as the trustee and Mortgage Electronic Registration Systems, Inc. (MERS) as

the nominee beneficiary for Resmae.1

1 " 'MERS is a private corporation that administers the MERS System, a national electronic registry that tracks the transfer of ownership interests and…

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