Baker v. Citi Mortgage, Inc. CA1/5
Plaintiffs Christopher Baker and Caroline Baker sued their home loan servicer, Citi Mortgage, Inc. (Citi), the trustee of the securitized trust holding their loan, U.S. Bank N.A., and the successor trustee under their deed of trust, Quality Loan Service Corporation (Quality), in an attempt to prevent sale of their home through nonjudicial foreclosure. (Civ. Code, § 2924.) The trial court granted respondents’ motion for summary judgment. The Bakers argue a declaration submitted in support of respondents’ motion did not lay a proper foundation to show that documents establishing the chain of title qualified for the business records exception to the hearsay rule. They also challenge the trial court’s conclusion they did not establish triable issues of material fact regarding whether foreclosure was initiated by an unauthorized party. We conclude the trial court did not abuse its discretion in overruling the Bakers’ evidentiary objections and they did not establish a triable
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