Behl

I. BACKGROUND

1 On December 5, 2006, Rajiv Behl obtained a mortgage loan in the amount of $108,000 2 (“Subject Loan”) on real property at 854 N. 16th Street, San Jose, California, 95112 (“Subject 3 Property”). Compl. ¶¶ 1,10 & Ex. A (“Deed of Trust”), ECF No. 1-1. The lender was First 4 Franklin, a Division of National City Bank (“First Franklin”) and the trustee was Cornerstone Title 5 Company. See Deed of Trust 1. The mortgage loan is the second lien mortgage on the property. 6 Compl. ¶ 15; Deed of Trust 1. The Deed of Trust was recorded on December 8, 2006, as 7 Instrument No. 1921949. Compl. ¶ 10; Deed of Trust 1. 8 On June 15, 2021, First Franklin assigned the Deed of Trust to Defendant U.S. Bank. 9 Compl. ¶ 11 & Ex. B (“Assignment”). The assignment was recorded on July 22, 2021, as 10 Instrument No. 25037071. Compl. ¶ 11; Assignment 1. 11 On October 21, 2021, a Substitution of Trustee was recorded with the Santa Clara County 12 Clerk substituting Affinia Default Services, LLC, as trustee of the Deed of Trust. See Def’s Req. 13 for Judicial Not. (“RJN”) Ex. 4 (“Substitution”), ECF No. 9-1. The Substitution was recorded as 14 Instrument No. 25120671. 15 That day,…