The Court bases the Order After Hearing on this date upon the following Statement of Decision:
1. The present case arises out of an allegedly void foreclosure by Defendant Title Trust Deed Service Company (“Title Trust”), trustee, Defendant U.S. Bank National Association as Trustee for JP Morgan Mortgage Acquisition Trust 2006-HE3, Asset Back Securities 2006-HE3 (“U.S. Bank”), and Defendant Select Portfolio Servicing, Inc. (“SPS” and collectively “Defendants”) of a Deed of Trust secured against Plaintiff Santiago Espinoza’s (“Plaintiff”) real property, located at 1132 E. Ave J-3 in Lancaster, California (the “Property”) in January 2015.
2. Plaintiff filed his Complaint on May 15, 2019, alleging four (4) causes of action: (1) Wrongful Foreclosure; (2) Unfair Business Practices (Bus. & Prof. Code § 17200 et seq.); (3) Cancellation of Written Instruments (Civ. Code § 3412; and (4) Violation of Title 15 U.S.C. § 1641(g).
3. SPS and U.S. Bank’s (“Moving Defendants”) filed the instant dem
Hearing Date
July 23, 2019
Type
Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction)
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The Court bases the Order After Hearing on this date upon the following Statement of Decision:
1. The present case arises out of an allegedly void foreclosure by Defendant Title Trust Deed Service Company (“Title Trust”), trustee, Defendant U.S. Bank National Association as Trustee for JP Morgan Mortgage Acquisition Trust 2006-HE3, Asset Back Securities 2006-HE3 (“U.S. Bank”), and Defendant Select Portfolio Servicing, Inc. (“SPS” and collectively “Defendants”) of a Deed of Trust secured against Plaintiff Santiago Espinoza’s (“Plaintiff”) real property, located at 1132 E. Ave J-3 in Lancaster, California (the “Property”) in January 2015.
2. Plaintiff filed his Complaint on May 15, 2019, alleging four (4) causes of action: (1) Wrongful Foreclosure; (2) Unfair Business Practices (Bus. & Prof. Code § 17200 et seq.); (3) Cancellation of Written Instruments (Civ. Code § 3412; and (4) Violation of Title 15 U.S.C. § 1641(g).
3. SPS and U.S. Bank’s (“Moving Defendants”) filed the instant dem