Wilmington Trust, National Association v. Nelson Herrera, et al.

Case No.: 18CV334162    

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I. Background

This is an unlawful detainer action brought by Wilmington Trust, National Association, as Successor Trust to Citibank, N.A., as Trustee for Bear Sterns Alt-A Trust, Mortgage Pass- Through Certificates, Series 2007-1 (“Plaintiff”) against Nelson R. Herrera, Nenebeth T. Herrera, Maria Aires Tabula, John David Tabula, and Maria Sarmiento (collectively “Defendants”).

According to the allegations of the verified complaint, Plaintiff acquired the subject real property in March 2018 at a foreclosure sale conducted pursuant to a deed of trust executed by Nelson and Nenebeth Herrera. Plaintiff subsequently served Defendants a 90-day notice to vacate the premises and deliver possession. Defendants did not vacate the property within 90 days, refusing to deliver possession to Plaintiff. Plaintiff consequently seeks possession of the premises as well as holdover damages.

Plaintiff served the summons and complaint on Def........