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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. 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.
Back to Letters from the Editor Archive CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online). SEE BELOW- http://www.certifiedforensicloanauditors.com Call us toll free at 888-758-2352 |
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