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

Case No.: 18CV334162     Track Rulings In Case

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I. Background

This is a post-foreclosure 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 and Nenebeth T. Herrera (collectively the “Herreras”); Maria Aires Tabula and John David Tabula (collectively the “Tabulas”); and Maria Sarmiento.

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 the Herreras. Plaintiff subsequently served the defendants a 90-day notice to vacate the premises and deliver possession, but they did not vacate the property and refused to deliver possession. Plaintiff consequently seeks possession of the premises as well as holdover damages.

The Herreras and the Tabulas (collec........