Russell v. Deutsche Bank National Trust CA2/3

Filed 4/17/13 Russell v. Deutsche Bank National Trust CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

KARAN J. RUSSELL, B239767

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC409718) v.

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee, etc., et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County, Michelle R. Rosenblatt, Judge. Affirmed.

Karan J. Russell, in pro. per., for Plaintiff and Appellant.

Houser & Allison, Eric D. Houser and Brian J. Wagner for Defendants and Respondents.

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INTRODUCTION Plaintiff and appellant Karan J. Russell appeals an order denying her motion to set aside the judgment in favor of defendants and respondents Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement Dated as of June 1, 2007 Securitized Asset Backed Receivables LLC Trust 2007-BR5 Mortgage Pass-Through Certificates, Series 2007-BR5 (Deutsche Bank) and Barclay’s Capital Real Estate Inc., doing business as HomEq Servicing (HomEq). We affirm. FACTUAL AND PROCEDURAL BACKGROUND In August 2006, Russell and Fred Hemphill obtained a loan in the amount of $880,000 from New Century Mortgage Corporation (New Century). Russell and Hemphill executed a promissory note and deed of trust. The deed of trust memorialized New Century’s security interest in Russell’s real property located at 3624 Fairway Boulevard in Los Angeles (the property.) Neither the promissory note nor the deed of trust are in the record. In about March 2007, HomEq began servicing Russell’s loan. HomEq contends that as of October 1, 2007, Russell was in default on her obligations under the promissory note. HomEq requested Quality Loan Service Corp. (QLS) to initiate foreclosure proceedings. In about January or February 2008, Mortgage Electronic Registration Systems, Inc. (MERS), as nominee for New Century, executed an assignment of the deed of trust to Deutsche Bank. In April 2008, QLS conducted a non-judicial foreclosure sale of the property. The record does not indicate who purchased the property at the sale. According to the superior court docket sheet, Russell commenced this action in March 2009 by filing a complaint. A copy of the complaint is not in the record. The docket sheet also indicates that Deutsche Bank and HomEq filed a motion for summary judgment on April 28, 2011. Russell did not file an opposition brief. Russell did not include a copy of the motion or any of its supporting papers in the record.