Chacker v. JPMorgan Chase Bank CA2/5
Plaintiff and appellant Melody Chacker (Chacker) sued to stop defendants, who had begun the nonjudicial foreclosure process, from proceeding with a foreclosure sale of her home. The gist of her third amended complaint (the operative complaint) is that defendants disregarded a statute that required them to contact her before beginning the foreclosure process; that the assignment of the deed of trust from Chase to a securitization trust for which U.S. Bank now serves as trustee is void (not merely voidable) because Chase claims it still holds the promissory note; and that the initiation of the foreclosure process violates state and federal debt collection statutes. The trial court sustained defendant’s demurrers to the operative complaint without leave to amend and denied her subsequent motion for reconsideration that invoked our Supreme Court’s intervening decision in Yvanova v. New Century Mortg. Corp. (2016) 62 Cal.4th 919 (Yvanova).
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