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Chavez v. CIT Bank CA4/1
Michael Chavez filed this action against respondents CIT Bank, N.A. et al. (CIT Bank) and OWB REO, LLC (OWB). Chavez's complaint included claims styled as "set aside and invalidate foreclosure sale," quiet title, and fraud. (Boldface & capitalization omitted.) Chavez alleged that OWB purported to be the holder of title to Chavez's real property, but that Chavez is the true and proper owner of the property. Chavez supported this allegation by contending that OWB's claim to title was premised on a trustee's deed issued after a nonjudicial foreclosure sale conducted pursuant to a void deed of trust (Deed of Trust) that had been assigned to OneWest Bank. Chavez claimed that the Deed of Trust was "void" for two reasons.

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