California Court of Appeal

In an suit regarding a home mortgage foreclosure, alleging "Wrongful Initiation of Foreclosure", defendant's demurrer was properly sustained without leave to amend where, by asserting a right to bring a court action to determine whether the owner of the promissory note has authorized its nominee to initiate the foreclosure process, plaintiff is attempting to interject the courts into a comprehensive nonjudicial scheme, and plaintiff has identified no legal authority for such a lawsuit.

Appellate Information

• Decided 02/18/2011
• Published 02/18/2011

Judges

• IRION

Court

• California Court of Appeal

Counsel