Muhammad v. Deutsche Bank National Trust Co. CA1/4

Filed 3/5/21 Muhammad v. Deutsche Bank National Trust Co. CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

RAY MUHAMMAD, Plaintiff and Appellant, A155865

v. (Contra Costa County DEUTSCHE BANK NATIONAL Super. Ct. No. CIVMSC18- TRUST COMPANY et al., 00777) Defendants and Respondents.

Ray Muhammad filed this lawsuit against Deutsche Bank National Trust Company and its affiliates (Deutsche Bank) to prevent non-judicial foreclosure of his property, alleging that the statutory time period for effectuating a foreclosure has expired. After sustaining a demurrer to Muhammad’s first amended complaint without leave to amend, the court entered judgment in favor of Deutsche Bank. We affirm. FACTUAL AND PROCEDURAL BACKGROUND I. Muhammad’s Loan In June 2004, Muhammad obtained a $324,000 loan from GreenPoint Mortgage Funding, Inc., which was evidenced by a promissory note and secured by a deed of trust encumbering Muhammad’s property in Richmond (the property). The deed of trust, which states that the borrower “has promised to pay this debt in regular Periodic Payments and to pay the debt in

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full not later than July 01, 2034,” includes a provision granting the lender the power of sale in the event of a default. On May 28, 2009, a notice of default and election to sell was recorded against the property, which reflected a past due balance on the loan of $13,776.50. However, this default notice was rescinded on November 6, 2013. On April 3, 2014, the deed of trust securing Muhammad’s loan was assigned to Deutsche Bank. On April 15, Muhammad filed a voluntary bankruptcy petition, which was dismissed on October 27, 2014. On September 29, 2015, a notice of default and election to sell under deed of trust was recorded on behalf of Deutsche Bank, which indicated a past due balance on Muhammad’s loan in the amount of $161,773.44. On July 5, 2016, Muhammad filed a voluntary bankruptcy petition, which was dismissed on February 20, 2018. Pursuant to a notice of sale recorded on April 12, the property was scheduled to be sold on May 21, 2018. II. The Present Action On April 16, 2018, Muhammad, acting in propria persona, filed a complaint to quiet title, seeking to prevent Deutsche Bank from claiming any right or interest in the property. A month later, on May 16, 2018, Muhammad filed an amended complaint with the assistance of counsel, purporting to state causes of action for cancellation of instruments, quiet title, slander of title, injunctive relief, and declaratory relief, all of which were premised on the allegation that foreclosure of Muhammad’s property was time-barred. According to this pleaded theory, Muhammad’s loan was accelerated and became due when the 2009 notice of default was recorded; under California Uniform Commercial Code section 3118, Deutsche Bank had six years from the date of that default notice to enforce its lien, but failed to do