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Judge Raye Shafts Homeowner and Guts Glaski in this Terrible Decision

August 15, 2014

Mendoza v. JPMorgan Chase Bank, N.A.
Court: California Court of Appeal
Docket: C071882 Opinion Date: August 11, 2014
Judge: Raye
Areas of Law: Consumer Law, Real Estate & Property Law

This case stemmed from issues arising from plaintiff Maria Mendoza’s purchase of a home with proceeds of a loan secured by a deed of trust, and the subsequent loss of the home in a nonjudicial foreclosure sale. The trial court sustained the banks' demurrer to plaintiff’s complaint without leave to amend, rejecting her attempt to void the trustee's sale based on purported defects in the assignment of her deed of trust, irregularities in the substitution of trustees, and flaws in the securitization of her loan. The homeowner contends that not only should she be allowed to remain in her home, but that she is entitled to outright ownership without paying her debt because the banks have "already benefitted from an American taxpayer bailout of unprecedented proportions." In affirming the trial court’s dismissal of the second amended complaint for wrongful foreclosure, declaratory relief, and quiet title, the Court of Appeal concluded: (1) plaintiff failed to make a specific factual showing that the foreclosing parties did not have the requisite interest in the property to issue the notice of default, the notice of trustee’s sale, and the trustee’s deed of sale; and (2) in the absence of prejudice, she lacked standing to challenge irregularities in the securitization process.

 

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