Anderson v. HSBC Bank CA2/1

Filed 10/23/15 Anderson v. HSBC Bank CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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., B259104

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. KC066741) v.

HSBC BANK USA N.A.,

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. Severson & Werson, Jan T. Chilton, Jonah S. Van Zandt and Kerry W. Franich for Defendant and Respondent. ——————————

Ella M. Anderson and Willie Anderson obtained a $344,000 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 HSBC Bank USA, N.A. (HSBC) as trustee. When the Andersons failed to make loan payments, HSBC initiated foreclosure. The Andersons delayed foreclosure, however, by filing multiple bankruptcy petitions and then this lawsuit (to quiet title and for wrongful foreclosure) arguing that the transfer to HSBC is invalid and therefore they are no longer obligated to pay the loan to anyone— the original lender or HSBC. The trial court sustained HSBC’s demurrer based on judicial estoppel. Because the Andersons make no argument in its brief that the trial court erred as to judicial estoppel, we affirm. BACKGROUND I. Facts of the case In October 2007, the Andersons obtained a $344,000 loan from Delta Funding Corporation (Delta). To secure the loan, they executed a deed of trust encumbering their house, naming Mortgage Electronic Registration Systems (MERS) as beneficiary. In December of that year, MERS (as nominee for Delta) assigned the deed of trust to HSBC as trustee. In December 2010, the Andersons began missing loan payments. In June 2011, a notice of default was recorded. In mid-2011, MERS recorded the assignment of the deed of trust to HSBC. From October 2011 to January 2013, the Andersons consecutively filed four bankruptcy petitions, which delayed foreclosure. The first petition was dismissed because the Andersons failed to file the required documents. The second petition was dismissed at the Andersons’ request. The third petition was dismissed by the bankruptcy court, with an order barring the Andersons from filing another bankruptcy petition for six months. The fourth petition led to a bankruptcy discharge in October 2013. In none of the bankruptcy proceedings did the Andersons disclose any claims against HSBC.