Shetty v. The Bank of New York Mellon CA2/6
Appellant Satish Shetty acquired a home from a homeowners’ association that foreclosed on an assessment lien for unpaid dues. At the time Shetty acquired the property, a bank was foreclosing on it pursuant to a purchase money first trust deed. Shetty did not tender the debt secured by the senior encumbrance. Respondent Bank of New York Mellon (Bank) was the successful credit bidder at auction. Shetty’s junior interest in the property was eliminated.
Shetty sued Bank and the foreclosure trustee, claiming that they wrongfully clouded his title to the property. The second iteration of the pleading added Bank’s attorneys as defendants. The trial court struck Shetty’s claim against the attorneys as a Strategic Lawsuit Against Public Participation (SLAPP), and sustained demurrers to the pleading without leave to amend.
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