Collins v. Nationstar Mortgage, LLC CA3
In response to efforts to foreclose on his residence, Dennis Collins sued defendants Nationstar Mortgage, LLC (Nationstar), HSBC Bank USA, National Association as trustee for the holders of the Ellington Loan Acquisition, Mortgage Pass-through Certificates, Series 2007-2, and Mortgage Electronic Registration Systems, Inc., seeking to quiet title to the property. The trial court ultimately sustained defendants’ demurrer to the third amended complaint without leave to amend, ruling that Dennis could not maintain a cause of action for quiet title without alleging tender of the secured debt, and despite two prior opportunities to amend, he had failed to assert the requisite allegations.
Dennis now contends, among other things, that he need not allege tender of payment because although he signed a deed of trust and rider pertaining to the secured transaction, he did not owe the lender any money.
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