Nguyen v. HSBC Bank USA CA4/3
Plaintiff Tuyen Duc Nguyen appeals from judgments and an order of dismissal entered after the court sustained without leave to amend demurrers to the second amended complaint (SAC) filed by of HSBC Bank USA, N.A., as trustee for the Certificateholders of Nomura Home Equity Loan Inc. Asset-Backed Certificate Series 2005 FMI (HSBC), Bank of America, N.A. (BofA), MERSCORP Holdings, Inc. (MERSCORP), and Mortgage Electronic Registration System, Inc. (MERS; HSBC demurrer); Quality Loan Service Corporation (Quality; Quality demurrer); and Southland Homes Real Estate and Investment, LLC (Southland; Southland demurrer). Couched in causes of action for declaratory judgment, unlawful foreclosure, and quiet title, the SAC essentially alleges defendants wrongfully foreclosed because a note and trust deed executed by plaintiff were transferred to a securitized trust after the closing date, making the assignment void.
Comments on Nguyen v. HSBC Bank USA CA4/3