P. v. Warnock
P. v. Warnock
08:17:2013
Appellants Mark and Anna Didak appeal from the judgment entered upon the trial court’s order sustaining respondents’ demurrer without leave to amend. On October 13, 2011, appellants filed a First Amended Complaint (“FACâ€) against Merrill Lynch Mortgage Investors, Inc. (“MLMIâ€), HSBC Bank, USA, N.A. (“HSBCâ€), Merrill Lynch Investors Trust, purportedly a real estate mortgage investment conduit (“REMICâ€), Merrill Lynch Mortgage Lending, Inc. (“MLMLâ€), Citimortgage, Inc. (“Citiâ€), Wells Fargo Bank, N.A., Stewart Title of California, Inc., and Cal-Western Reconveyance Corporation (collectively, “respondentsâ€). Appellants’ FAC alleged claims for fraud, quiet title, cancellation of deed of trust, declaratory relief, and wrongful credit reporting. Appellants also sought a temporary restraining order, a temporary injunction, and a permanent injunction against respondents.
Here appellants argue that respondents lack authority to service their mortgage.[1] Primarily, appellants allege respondents never received legal title to their mortgage due to a failed securitization of the mortgage under the governing pooling and servicing agreement (“PSAâ€). For the reasons set forth below, the trial court’s order sustaining respondents’ demurrer without leave to amend is affirmed.
08:17:2013
Appellants Mark and Anna Didak appeal from the judgment entered upon the trial court’s order sustaining respondents’ demurrer without leave to amend. On October 13, 2011, appellants filed a First Amended Complaint (“FACâ€) against Merrill Lynch Mortgage Investors, Inc. (“MLMIâ€), HSBC Bank, USA, N.A. (“HSBCâ€), Merrill Lynch Investors Trust, purportedly a real estate mortgage investment conduit (“REMICâ€), Merrill Lynch Mortgage Lending, Inc. (“MLMLâ€), Citimortgage, Inc. (“Citiâ€), Wells Fargo Bank, N.A., Stewart Title of California, Inc., and Cal-Western Reconveyance Corporation (collectively, “respondentsâ€). Appellants’ FAC alleged claims for fraud, quiet title, cancellation of deed of trust, declaratory relief, and wrongful credit reporting. Appellants also sought a temporary restraining order, a temporary injunction, and a permanent injunction against respondents.
Here appellants argue that respondents lack authority to service their mortgage.[1] Primarily, appellants allege respondents never received legal title to their mortgage due to a failed securitization of the mortgage under the governing pooling and servicing agreement (“PSAâ€). For the reasons set forth below, the trial court’s order sustaining respondents’ demurrer without leave to amend is affirmed.
| Description | Defendant and appellant Robert Lamar Warnock (defendant) appeals from a judgment entered upon a plea of no contest to second degree robbery. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On February 14, 2013, we notified defendant of his counsel’s brief and gave him leave to file a supplemental brief. Defendant has filed a supplemental brief in which he contends that his sentence contained an unauthorized enhancement and that his trial counsel provided ineffective assistance. Upon reviewing the entire record, we have determined that we lack jurisdiction and thus we dismiss the appeal. |
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