Court Cases
April 17, 2012
TRUSTEE'S SALES
Debrunner v. Deutsche Bank (PDF)
The court upheld the trial court's grant of a demurrer in favor of the lender without leave to amend, holding:
- Since each assignment of deed of trust provided for the assignment "together with the note or notes therein described", it was not necessary to separately endorse the promissory note.
- Physical possession of the note is not a precondition to nonjudicial foreclosure.
- A notice of default does not need to be filed by the person holding the note. C.C. 2924(a)(1) permits a notice of default to be filed by the "trustee, mortgagee or beneficiary, or any of their authorized agents".
- A notice of default (NOD) is valid even though the substitution of the trustee identified in the NOD is not recorded until after the NOD records.
Cal.App. 6th Dist. (H036379) 3/16/12
