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Property Keyed to Rabin
Debrunner v. Deutsche Bank National Trust Company
Citation:
California Court of Appeal, 2012; 138 Cal. Rptr.3d 830Facts
In March 2006, Plaintiff loaned $675,000 to the mortgagors Barbara Chiu and Shimin Xu. This loan was secured by a promissory note and a second deed of trust to the subject property. The property was already secured by a first deed of trust to Quick Loan Funding Inc. for $975,000. Quick Loan later assigned the first deed of trust and the mortgagors’ promissory note to Option One Mortgage Company. Option One assigned the deed and the note to FV-1, Inc and they later assigned the deed to Respondent, Deutsche Bank.
In March 2009, Plaintiff foreclosed on the property and received a trustee’s deed. On September 15, 2009, Defendant’s foreclosure trustee recorded a notice of default on the property. This notice required Plaintiff to pay the loan balance to stop foreclosure. In November 2009, Plaintiff sued Defendant to obtain an orfer to stop the impending foreclosure and quiet title to the property. The superior court ruled in favor of the Defendant. Plaintiff appealed.
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