Hernandez v. PNMAC Mortgage Opportunity Fund Investors CA2/5

Filed 12/18/15 Hernandez v. PNMAC Mortgage Opportunity Fund Investors CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

SHERRY HERNANDEZ, B258583

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. YC 068794) v.

PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC, et. al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Ramona G. See, Judge. Affirmed. Sherry Hernandez, in pro. per.; Law Office of David Seal, David Seal for Plaintiff and Appellant. Blank Rome, Todd A. Boock, Shawnda M. Grady and Jessica A. McElroy for Defendant and Respondent PNMAC Mortgage Opportunity Investors, LCC. Burke, Williams & Sorensen, Richard J. Reynolds and Joseph P. Buchman for Defendant and Respondent, MTC Financial, Inc. dba Trustee Corps.

. Plaintiff Sherry Hernandez (plaintiff) sued the parties responsible for foreclosing on her residence. She alleged there were defects in the assignment of the deed of trust on the property such that the entity that initiated the foreclosure sale did so without proper authority. Because a foreclosure sale may not be set aside based solely on a borrower’s contention that the entity that recorded a notice of default was without authority to initiate the foreclosure proceedings, we hold the trial court correctly dismissed plaintiff’s lawsuit.

BACKGROUND1 On January 18, 2008, plaintiff’s husband, Alfredo Hernandez, borrowed $752,500 from Your-Best-Rate Financial, LLC, evidenced by his promissory note in that amount (the Note). The Note was secured by a deed of trust on the family’s Rancho Palos Verdes home (the Property), which was executed by plaintiff, her husband, and her daughter Elizabeth. The original lender assigned the Note to CitiMortgage, Inc., who later endorsed the Note in blank, thus assigning its interest to the holder of the Note. On January 5, 2012, Mortgage Electronic Registration Systems, Inc. (MERS), a nominee under the deed of trust, executed an assignment of that deed (the Assignment) in favor of PNMAC Opportunity Fund Investors, LLC (PNMAC). The Assignment was recorded in the Los Angeles County Recorder’s Office on January 18, 2012. On that same day, MTC Financial, Inc. dba Trustee Corps (Trustee Corps)2 recorded a Notice of Default and Election to Sell, stating that the Note was in default in the amount of $55,059.76. Trustee Corps served and recorded a notice of trustee’s sale on July 10, 2012, which scheduled the foreclosure sale to take place on August 6, 2012. The sale was subsequently