California Court of Appeal

In a suit by defaulting homeowners to set aside a nonjudicial foreclosure sale on the grounds of an invalid assignment of the deed of trust, the trial court's sustaining of a demurrer without leave to amend is affirmed, where: 1) the plaintiffs granted a nominee beneficiary authority to assign when they signed the deed of trust; 2) judicially noticed documents established a chain of title in which the beneficiary assigned its interest to the lender's successor, which assigned its interest to the defendant; 3) there was no error in sustaining the demurrer as to the cause of action for violation of Civil Code section 2932.5, since that section is inapplicable to deeds of trust.

Appellate Information

• Decided 05/17/2012
• Published 05/17/2012

Judges

• Codrington

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Dennis Moore, Malcolm Cisneros