California Court of Appeal

Dismissal of plaintiff's action against defendant-bank, as trustee of a plaintiff's mortgage trust, to prevent the defendant-bank from initiating foreclosure proceedings, is affirmed, where: 1) the mortgage note expressly allows the assignment from MERS to defendant-bank; and 2) California's comprehensive nonjudicial foreclosure scheme does not provide for a preemptive action to challenge the authority of the party initiating foreclosure.

Appellate Information

• Decided 06/09/2014
• Published 06/09/2014

Judges

• GILBERT

Court

• California Court of Appeal

Counsel