Chavet v. U.S. Bank CA2/2

Filed 1/12/16 Chavet v. U.S. Bank CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

SELAH JOI CHAVET, B257277

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC505161) v.

U.S. BANK, N.A., as Trustee, etc., et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County. Malcolm H. Mackey, Judge. Affirmed. Miltner & Menck, William L. Miltner, Robert C. Harvey for Plaintiff and Appellant. Houser & Allison, Eric D. Houser, Marc W. Thomas, Joshua R. Mino for Defendant and Respondent U.S. Bank N.A., as Trustee, etc. Fidelity National Law Group, J. Walter Gussner for Defendant and Respondent Commonwealth Land Title Insurance Company. ___________________________________________________

Plaintiff Selah Joi Chavet defaulted on a loan secured by a deed of trust. She sued the lender and others for damages and equitable relief, but filed no opposition to their demurrers. The trial court dismissed the case. On appeal, plaintiff fails to show how she could amend her pleading to state a claim. We affirm. ALLEGATIONS1 Plaintiff purchased real property in Pasadena in 1992 (the Property). In 2006, she refinanced with Argent Mortgage Company (Argent) and obtained a new loan for $740,000 secured by a first trust deed on the Property. Plaintiff believed that when she refinanced, three existing trust deeds on the Property (for $64,000, $119,800 and $192,195) would be extinguished by the close of escrow. An exhibit to the FAC shows that plaintiff authorized repayment of the largest of the three loans, all of which were owed to an individual named James Jimenez. Plaintiff had trouble making payments, and in December 2008 obtained a loan modification through Litton Loan Servicing (Litton). A year later, plaintiff sought a second modification. Her monthly payments were reduced from $5,793 to $4,272. In January 2009, Argent assigned its interest in plaintiff’s loan to defendant U.S. Bank to hold for an entity called “CMLTI Asset Backed Pass-Through Certificates,” a securitized trust formed under Delaware law in 2007. One week later, U.S. Bank recorded a substitution of trustee, naming NDEx West, L.L.C. Plaintiff claims that both of these transfers were void. In July 2010, a notice of default was recorded. As of November 2011, plaintiff owed $875,467 on her loan. A notice of trustee’s sale was recorded in June 2012. Plaintiff declared bankruptcy in October 2012, postponing the sale. Her first bankruptcy petition was dismissed. In April 2013, plaintiff filed a second bankruptcy petition, to stop the trustee’s sale. Her second petition was dismissed in August 2013. Plaintiff alleges that “the matter has not been re-set for trustees sale.”