Butler v. Nationstar Mortgage CA4/1

I.

BACKGROUND

A. Mortgage Loan, Default, and Foreclosure Sale1 In May 2005, Butler executed a promissory note for $612,000 in favor of SCME Mortgage Bankers, Inc. (SCME), and agreed to repay that amount plus interest in regular periodic payments within 30 years. As security for repayment of the loan, Butler executed a deed of trust for a condominium in San Diego, which was recorded with the county recorder. The deed of trust identified Butler as the borrower; SCME as the lender; Stewart Title Company of San Diego (Stewart) as the trustee; and Mortgage Electronic Registration Systems, Inc. (MERS), acting solely as a nominee for lender and its successors and assigns, as the beneficiary. The deed of trust stated the promissory note could be sold and the trustee substituted. It also stated that upon default by the borrower, the lender, after notice to the borrower and

Butler’s opening brief does not contain the required “summary of the significant facts.” (Cal. Rules of Court, rule 8.204(a)(2)(C).) Under the mislabeled headings of “Summary of Significant Facts Within the Record” and “Summary of Additional Significant Facts Within the Record,” Butler made various…