Qumsia v. Selene Finance LP CA4/3
Plaintiffs Rod Qumsia and Viviana Solitro Qumsia (plaintiffs) allege that defendants Wilmington Savings Fund, FSB (WSF) and Selene Finance, LP (Selene) (collectively, defendants) lacked authority to foreclose on plaintiffs’ home because several assignments in the loan’s chain of title to WSF were void. Relying on judicially noticed public records that confirmed WSF’s rights in the subject loan at the time of foreclosure, the trial court granted summary judgment for defendants. The trial court found that plaintiffs’ sole evidence in support of their void transfer theory, the declaration of William J. Paatalo, was inadmissible, and that there was therefore no issue of material fact as to defendants’ interest in the subject loan at the time of foreclosure. For the reasons set forth below, we affirm the judgment.
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