Ung v. 1007 Clay Street Properties CA1/3

Filed 3/3/16 Ung v. 1007 Clay Street Properties CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

MONICA UNG, Plaintiff and Appellant, A141653 v. 1007 CLAY STREET PROPERTIES, (Alameda County L.L.C., Super. Ct. No. RG12658861) Defendant and Respondent.

Plaintiff and appellant Monica Ung (Ung) challenges a grant of summary judgment in favor of defendant and respondent 1007 Clay Street Properties, L.L.C. (Clay Street) in a case challenging foreclosure against a commercial property. Ung maintains that the trustee’s sale of the property to Clay Street was void because the trustee had no authority to act, but the documentary evidence is to the contrary. Those documents include assignments of beneficial interest under the deed of trust, and a substitution of trustee by the apparent beneficiary. Ung has never identified any evidence to substantiate her claims that the assignments, and thus the substitution, were invalid. She failed to establish a prima facie case in opposition to the motion for summary judgment, and we affirm the judgment for Clay Street. I. BACKGROUND In December 2003, a deed of trust was recorded on the property owned by Ung at 1007-1009 Clay Street in Oakland. U. F. Service Corporation was named as trustee, and

1

the deed of trust secured Ung’s indebtedness to United Commercial Bank under a November 2003 promissory note in the original principal amount of $1,660,000. On September 21, 2007, John Cindery, identified as senior vice president and director of real estate lending, executed an assignment of United Commercial Bank’s beneficial interest under the deed of trust to United Commercial Mortgage Securities, LLC. Cinderey’s signature was witnessed by notary public Thelma Valdez, and the assignment was recorded in December 2007. Also on September 21, 2007, Stan Seid, identified as senior vice president and director of secondary marketing, real estate division, executed an assignment of United Commercial Mortgage Securities, LLC’s beneficial interest under the deed of trust to “Deutsche Bank National Trust Company [hereafter Deutsche Bank], as trustee under the Pooling and Servicing Agreement relating to United Commercial Mortgage Securities, LLC, Mortgage Pass-Through Certificates, Series 2007.” Seid’s signature was witnessed by notary public Rita Y. Fong. The assignment is not shown as having been recorded. On December 21, 2010, Hung Ly, identified as AVP of Wells Fargo Bank, National Association, as Servicer under a pooling and servicing agreement dated August 31, 2007, executed on behalf of Deutsche Bank a substitution of Assured Lender Services, Inc. for U. F. Service Corporation as trustee under the deed of trust. The substitution of trustee was recorded on December 27, 2010. That same day, December 27, Assured Lender Services, as trustee and agent of the beneficiary Deutsche Bank, recorded a notice of default and election to sell under the deed of trust. The secured debt as of December 15, 2010, was listed as $1,471,977.26. In April 2011, Assured Lender Services recorded a notice of trustee’s sale for May listing an unpaid balance of $1,589,632.39. On November 23, 2011, Assured Lender Services, Inc. recorded a trustee’s deed of title to the property stating that the property was sold at public auction to Clay Street on November 14 for a payment of $1,923,695.99. In December 2012, Ung sued Clay Street, United Commercial Bank, United Commercial Mortgage Securities, LLC, Deutsche Bank, and Assured Lender Services asserting multiple causes of action based on alleged wrongful foreclosure of the property.