Legal Opinion
Shuster v. BAC Home Loans Servicing, LP
California Court of Appeal
Decided November 29, 2012No. B235890PublishedCited by 13 opinions
1Opinion of the Court
Opinion
PERREN, J.
Appellants Daniel R. and Yvette Shuster borrowed $670,000 to purchase a home. The deed of trust securing the loan did not name a trustee. Here we hold that the omission of a trustee does not preclude nonjudicial foreclosure of the deed of trust.
After the Shusters fell more than $90,000 behind in payments, the beneficiary of the deed of trust substituted respondent ReconTrust Company, N.A. (ReconTrust), as trustee to initiate nonjudicial foreclosure proceedings. The beneficiary also assigned its interest in the deed of trust to respondent BAC Home Loans Servicing, LP (BAC),1…
2Cases cited23 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Bank of Italy National Trust & Savings Ass'n v. BentleyCalifornia Supreme Court · 1933
- City of Atascadero v. Merill Lynch, Pierce, Fenner & Smith, Inc.California Court of Appeal · 1999
- Lona v. Citibank, N.A.California Court of Appeal · 2011
- Guthrey v. State of CaliforniaCalifornia Court of Appeal · 1998
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3Cited by13 opinions
- Gerardo Vazquez v. Jan-Pro Franchising Int'l Inc.Court of Appeals for the Ninth Circuit · 2019
- Kalnoki v. First American Trustee Servicing Solutions, LLCCalifornia Court of Appeal · 2017
- Brooks v. Pinnacle Financial Corp. CA2/1California Court of Appeal · 2015
- Dickerson v. Dept. of Corrections and Rehabilitation CA5California Court of Appeal · 2021
- Dora Yeboah v. Wilmington Trust, N.A.Court of Appeals for the Ninth Circuit · 2021
8 more not listed; retrieve them via the Exa API.