Anderson v. U.S. Bank Nat. Assn. CA2/1

Filed 10/23/15 Anderson v. U.S. Bank Nat. Assn. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

ELLA M. ANDERSON et al., B260254

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. KC066740) v.

U.S. BANK NATIONAL ASSOCIATION,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Dan T. Oki, Judge. Affirmed. Ella M. Anderson and Willie Anderson, in pro. per., for Plaintiffs and Appellants. Keesal, Young & Logan, David D. Piper and Sean B. Cooney for Defendant and Respondent. ——————————

Ella M. Anderson and Willie Anderson obtained a $319,500 loan from a lender and, to secure the loan, executed a deed of trust encumbering one of their houses. The lender’s beneficiary assigned the deed of trust to U.S. Bank National Association (U.S. Bank) as trustee. When the Andersons failed to make loan payments, U.S. Bank initiated foreclosure. The Andersons filed this lawsuit to quiet title, challenging U.S. Bank’s authority to foreclose because the assignment to U.S. Bank is allegedly invalid and arguing they are no longer obligated to pay the loan to anyone—the original lender or U.S. Bank. The trial court sustained U.S. Bank’s demurrer because the Andersons do not have a legal basis to bring this lawsuit. We affirm. BACKGROUND I. Facts of the case In July 2007, the Andersons obtained a $319,500 loan from Encore Credit. To secure the loan, they executed a deed of trust encumbering their house, naming Mortgage Electronic Registration Systems, Inc. (MERS) as beneficiary. In March 2012, MERS (as nominee for Encore Credit) recorded an assignment of the deed of trust to U.S. Bank as trustee. The Andersons began missing loan payments, and U.S. Bank initiated foreclosure. II. Procedural history In March 2014, the Andersons filed this lawsuit with two causes of action: to quiet title and for wrongful foreclosure. In June, the trial court sustained U.S. Bank’s demurrer but allowed the Andersons leave to amend. In July, the Andersons amended their complaint to assert the quiet title claim only. The Andersons alleged that U.S. Bank has no authority to initiate foreclosure because the assignment of the deed of trust to U.S. Bank is invalid and therefore they are not obligated to pay the loan to anyone. The trial court sustained U.S. Bank’s demurrer because the Andersons have not shown any legal basis for asserting their quiet title claim; the trial court also denied the Andersons leave to amend their complaint.