Legal Opinion
Kan v. Guild Mortgage CA2/2
California Court of Appeal
Decided September 25, 2014No. B254007UnpublishedCited by 20 opinions
1Opinion of the Court
Opinion
BOREN, P. J.
Appellant’s real property loan is in default. Appellant seeks to quiet title and avoid foreclosure by alleging that the deed of trust on the property was improperly securitized and that the beneficiary lacks authority to foreclose. Because California’s nonjudicial foreclosure statutes provide no basis for appellant’s claim, we find that the trial court properly sustained the demurrer to appellant’s complaint without leave to amend.
BACKGROUND
In July 2007, Lindsay T. Kan executed a first note for $516,000, secured by a deed of trust on real property in Stevenson Ranch (the…
2Cases cited16 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Aubry v. Tri-City Hospital DistrictCalifornia Supreme Court · 1992
- Rajamin v. Deutsche Bank National Trust Co.Court of Appeals for the Second Circuit · 2014
- Smith v. State Farm Mutual Automobile InsuranceCalifornia Court of Appeal · 2001
- Gomes v. Countrywide Home Loans, Inc.California Court of Appeal · 2011
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Yvanova v. New Century Mortgage Corp.California Supreme Court · 2016
- Mendoza v. JPMorgan Chase Bank, N.A.California Court of Appeal · 2016
- Kahan v. City of Richmond, California Court of Appeal, 5th District2019
- Jennifer Pike v. Deutsche Bank National Trust Company, as TrusteeSupreme Court of New Hampshire · 2015
- Al Petrovich v. Ocwen Loan ServicingCourt of Appeals for the Ninth Circuit · 2017
15 more not listed; retrieve them via the Exa API.