Charlie Orea and Brenda Orea v. Wells Fargo Bank National Association as Trustee for the Certificateholders of Structured Asset Mortgage Investments II, Inc., GreenPoint MTA Trust 2006-AR2 Mortgage Pass-Through Certificates Series 2006-AR2, et al.
Published: Apr. 3, 2020 | Result Date: Jan. 14, 2020 | Filing Date: Jul. 6, 2018 |Case number: EDCV 18-2570 JGB (KKx) Summary Judgment – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Defendant
Glenn J. Plattner
(Bryan Cave Leighton Paisner LLP)
for R. Steelman and S. Spohn
Rebecca L. Wilson
(Kutak Rock LLP)
for Wells Fargo and Select Portfolio Servicing
Steven M. Dailey
(Kutak Rock LLP)
for Wells Fargo and Select Portfolio Servicing
Melissa R. Coutts
(McCarthy & Holthus LLP)
for Quality Loan, K. McCarthy, M. Jafarnia, J. Phillips, K. Davis, K. Preston, A. Hennessee, B. Lovan
G. Richard Gregory III
(Cunningham, Treadwell & Bartelstone)
for First American Title Company Nationwide Posting and Publication
James H. Treadwell
(Cunningham, Treadwell & Bartelstone)
for First American Title Company Nationwide Posting and Publication
Facts
On Oct. 24, 2005, plaintiffs obtained a home mortgage loan in the amount of $799,200 secured by a deed of trust (the First DOT) on plaintiffs' Rancho Cucamonga residence. In October 2013, defendant recorded a notice of default and initiated foreclosure efforts. Plaintiffs moved to quiet title and to quash foreclosure efforts.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that defendant's deed of trust was void because it was fraudulently obtained by an assignment based on robo-signing.
DEFENDANT'S CONTENTIONS: Defendant contended that its assignment procedures were legal. Defendant contended that plaintiff's complaint lacked merit.
Result
The court dismissed plaintiff's action without leave to amend.
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