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Homeowner loses to CHASE (Second Dist. Div. 3 holds "No standing" to challenge foreclosure DISAGREES w/Glaski)

August 27, 2015

APPEAL from orders of the Superior Court of Los Angeles County, Barbara Scheper, Judge. Affirmed. Law Offices of Bruce J. Guttman and Bruce J. Guttman, for Plaintiff and Appellant. Wood, Smith, Henning & Berman, Raymond Babaian, Christopher D. Perez, Andrew J. Mallon and Fred R. Vasquez, for Defendant and Respondent Canterbury Lots 68, LLC. Bryan Cave, Christopher L. Dueringer and Nicole N. King, for Defendant and Respondent JPMorgan Chase Bank, N.A.

Plaintiff and appellant Martha Carr (Carr) appeals orders of dismissal in favor of defendants and respondents JPMorgan Chase Bank, N.A. (Chase) and Canterbury Lots 68, LLC (Canterbury) following the sustaining, without leave to amend, of their demurrers to Carr’s first amended complaint.

In this wrongful foreclosure action, the essential issue presented is whether Carr stated a cause of action against Chase or against Canterbury, which subsequently purchased the subject real property at a trustee’s sale. For the reasons discussed, Carr failed to state a cause of action against either defendant. Further, she has not shown she is capable of amending the pleading to state a cause of action. Therefore, the orders of dismissal are affirmed.

Download Complaint (PDF)


Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager


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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).

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