Cooper v. HSBC Bank CA2/8

Filed 10/8/13 Cooper v. HSBC Bank CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

BARBARA COOPER et al., B246455

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC466657) v.

HSBC BANK USA, as Trustee, etc.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. James R. Dunn, Judge. Affirmed.

Barbara Cooper and Ellen Cooper, in pro. per., for Plaintiffs and Appellants.

Soloman, Grindle, Silveramn & Wintringer, Christopher A. Lidstad and Holly J. Nolan for Defendant and Respondent.

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Barbara and Ellen Cooper (Appellants) seek to unwind the foreclosure of their home by HSBC Bank USA as Trustee for MLCC 2007-3 (HSBC). The trial court sustained HSBC‟s demurrer without leave to amend. We conclude Appellants lack standing to assert their claims against HSBC. The judgment is affirmed. FACTS In 2005, Barbara,1 and her husband, William Cooper, both in their eighties, held a $237,000 mortgage on their home in Los Angeles which they sought to refinance. They submitted an application to Jimmy Pereda, who informed them that they did not qualify for a loan due to their low credit score. Pereda then convinced the Coopers to transfer title of the home to his name. A grant deed was recorded transferring title to Pereda on June 23, 2005. He obtained a loan secured by the Coopers‟ home totaling $460,000 in 2007, thus withdrawing over $200,000 in equity from the home after paying off the Coopers‟ original mortgage. That loan was assigned to HSBC on February 3, 2009. In 2007, the Coopers sued Pereda and his company for fraud. Pereda‟s company had declared bankruptcy and did not participate in the litigation. Pereda entered into a global settlement with the Coopers. The settlement terms were entered into the record by the trial court. It entitled the Coopers to a sum of $75,000, with $25,000 to be paid by December 29, 2008, and twice-monthly payments of $1,388 beginning on January 15, 2009, until paid in full. If Pereda defaulted on the settlement, the Coopers were free to seek an ex parte judgment of $250,000 against him, less any payments made. Pereda also agreed to shortsale the home back to the Coopers for $360,000 -- subject to bank authorization. William died around the time of the settlement. A notice of default on the home was issued on December 5, 2008. HSBC executed a nonjudicial foreclosure on the home on October 26, 2009. HSBC then filed an unlawful detainer action in Santa Monica Superior Court against Barbara and her daughter, Ellen, on December 21, 2010. That matter is currently on appeal. Meanwhile,