Kirkpatrick v. Restrepo CA2/5
Slightly less than six years after the foreclosure sale of his real property, plaintiff Thomas L. Kirkpatrick filed this lawsuit against defendant Fred Restrepo, the notary who completed the certificates of acknowledgment verifying the identity of the individuals who signed the deed of trust and its assignment in connection with the foreclosure. Plaintiff claimed that Restrepo did not follow Government Code requirements in completing the acknowledgments. Plaintiff’s claims against the two other defendants— the foreclosing bank, J.P. Morgan Chase Bank, N.A. (Chase Bank), and its subsidiary California Reconveyance Company, the notary’s employer—are barred for the same reason to the extent based on the notary’s conduct, and by other statutes of limitations to the extent based on other conduct. We therefore affirm the trial court’s judgment dismissing this action.
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