Brown v. Deutsche Bank Nat. Trust Co.

In 2004, Brown obtained a $450,000 loan secured by a deed of trust recorded against her Oakland property, identifying Washington Mutual as the lender and beneficiary and CRC as the trustee. Washington Mutual failed in 2008. The FDIC was appointed its receiver and sold Chase many of the assets and liabilities (P&A Agreement). In 2011, CRC recorded a notice of default as trustee for Chase, claiming that Brown was in arrears by $60,984.42. Chase then assigned the deed of trust to Deutsche Bank; CRC remained as the trustee and recorded a notice of sale. In 2012, Brown filed the first of three lawsuits challenging the foreclosure. In 2013, CRC executed a third notice of sale. Two days later, Brown filed her third lawsuit, alleging that the assignment to Deutsche Bank was invalid and the foreclosure proceedings were initiated without authority. The trial court granted a request for judicial notice, which covered foreclosure-related documents, filings from the earlier lawsuits, and the P&A Agreement, then dismissed without leave to amend. The court of appeal affirmed. Brown‟s contention that Deutsche Bank and CRC lacked authority to enforce the deed of trust was contradicted by matters subject to judicial notice. View "Brown v. Deutsche Bank Nat. Trust Co." on Justia Law