As I noted at the preliminary injunction hearing on 4/15/10:
"The allonge attached to P's supplemental papers evidences an assignment of the note by the original lender to the foreclosing assignee, Deutsche Bank. The bank is a holder of the paper in due course. The TD was assigned by original beneficiary MERS to Deutsche Bank on 1/24/09. The trustee's deed to Deutsche Bank is in order, and contains the applicable § 2924 presumptions."
Combined with the fact that Ps' quiet title fails to allege that Ps were current on their note at the time of the foreclosure sale, or otherwise tendered the amount Ps claim was due and owing, the demurrer to Ps' quiet title action as alleged is well-taken.
Sustain. 20 days leave to amend.
gmr
Hearing Date
April 19, 2010
Category
Civil - Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
As I noted at the preliminary injunction hearing on 4/15/10:
"The allonge attached to P's supplemental papers evidences an assignment of the note by the original lender to the foreclosing assignee, Deutsche Bank. The bank is a holder of the paper in due course. The TD was assigned by original beneficiary MERS to Deutsche Bank on 1/24/09. The trustee's deed to Deutsche Bank is in order, and contains the applicable § 2924 presumptions."
Combined with the fact that Ps' quiet title fails to allege that Ps were current on their note at the time of the foreclosure sale, or otherwise tendered the amount Ps claim was due and owing, the demurrer to Ps' quiet title action as alleged is well-taken.
Sustain. 20 days leave to amend.
gmr