Zulli

Zulli v. Litton Loan Servicing CA2/6

Good Law
Court of Appeal of CaliforniaJune 3, 2013B242310California1,850 words

Opinion

Opinion

Perren, J.

FACTS AND PROCEDURAL HISTORY

The relevant facts are largely derived from our recent decision affirming the dismissal of appellant's complaint against codefendant Mortgage Electronic Registration Systems, Inc. (MERS), following the sustaining of a demurrer without leave to amend. (Zulli v. Mortgage Electronic Registration Systems, Inc. (Feb. 5, 2013, B237041 [nonpub. opn.].) In February 2006, appellant's mother Sylvia Zulli obtained a $1,250,000 loan from Quick Loan Funding, Inc. (Quick Loan) for the purchase of a residence in Moorpark (the property). In exchange for the loan, Sylvia3 executed a promissory note secured by a deed of trust naming MERS as beneficiary. In January 2009, all beneficial interest under the deed of trust was assigned to Wells Fargo. Litton, acting as Wells Fargo's attorney in fact, substituted the Wolf Law Firm as trustee under the deed of trust. Notices of default and trustee's sale were recorded after Sylvia failed to make several payments on the loan. Sylvia filed a complaint against MERS, Quick Loan, Wells Fargo, Litton and others alleging, among other things, that the January 2009 assignment of deed of trust and substitution of…

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