Cisse v. Nationstar Mortgage CA4/1

Filed 1/21/22 Cisse v. Nationstar Mortgage CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

MAMADY B. CISSE, D077878

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2018- 00002731) NATIONSTAR MORTGAGE LLC,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of San Diego County, Robert P. Dahlquest, Judge. Affirmed.

Mamady B. Cisse, in pro per., for Plaintiff and Appellant. Akerman LLP, Justin D. Balser and Katalina Baumann; Troutman, Pepper Hamilton Sanders and Justin D. Balser, for Defendant and Respondent.

Mamady B. Cisse appeals from a judgment on his claims against Nationstar Mortgage LLC (Nationstar) related to a property he owned that was sold in foreclosure. Cisse is self-represented. In his appellate briefing he

asserts a bankruptcy stay foreclosed the judgment and he asks this court to enjoin the sale of the property, reverse the judgment, and order sanctions. Because Cisse raises no viable appellate arguments, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In September 2004, Cisse obtained a mortgage from Plaza Home Mortgage in the amount of $300,000 that was secured by a deed of trust recorded against a property located at 17161 Alva Road, Unit 1318 in San Diego. Nationstar was the most recent servicer of the mortgage, and the loan was previously serviced by Bank of America, N.A. (Bank of America). Beginning in 2009, Cisse attempted to obtain a loan modification. He was not successful while the loan was serviced by Bank of America, but in 2015 was approved for a loan modification by Nationstar. However, he rejected the modification proposal and two later modification proposals offered by Nationstar. During the same timeframe, Cisse defaulted on the mortgage. A notice of default and election to sell under the deed of trust were recorded on April 15, 2014. The property was scheduled for a foreclosure sale on August 29, 2014, but it was postponed as result of Cisse’s bankruptcy filings and no foreclosure sale pursuant to the deed of trust ever occurred. On September 20, 2017, the San Diego County Sherriff recorded a notice of levy against the property on behalf of the homeowners association (HOA) for the property. The notice of levy was recorded to satisfy a judgment in favor of the HOA. On December 21, 2017, the sheriff recorded a certificate of sale for the property stating it had been sold at foreclosure as a result of the HOA levy, subject to a three month redemption period expiring on March 19, 2018. On July 18, 2018, the sheriff recorded a sheriff’s deed under writ of sale conveying title to another individual.