Tentative ruling issued by Judge D. Tyler Tharpe on Aug. 21, 2020 in Fresno County, CA - Case no: xxxxx658

Motion: by Plaintiff for Default Judgment
Tentative Ruling:
To deny.
Explanation:
As evidence, plaintiff attaches a settlement statement which indicates that during a reverse mortgage transaction in April, 2007 the debt secured by the initial deed of trust was satisfied. (See Sanchez, Decl. Ex. B.) The satisfaction of the obligation required a reconveyance. (Civ. Code, § 2941.) Yet, allegedly, no reconveyance was executed or recorded.
The statutory procedure to address a trustee’s failure to execute and record a reconveyance within 60 days of the satisfaction of the obligation is that the beneficiary shall substitute itself as the trustee and issue the reconveyance. (Civ. Code, 2941 subd. (b)(2).) That is not the remedy requested by plaintiff in the instant case. Rather, plaintiff’s proposed judgment requires the initial deed of trust be delivered to the Clerk of the Court for cancellation.
Also, although the complaint alleges the borrower/homeowners h….....