Deutsche Bank Nat. Trust Co. v. E*Trade Bank CA1/1
Appellant E*Trade Bank (E*Trade) was the beneficiary of a deed of trust securing a home equity line of credit. When the borrowers refinanced their property, E*Trade received a full payoff of the outstanding balance on the line of credit but failed to reconvey the deed of trust. Respondent Deutsche Bank National Trust Company (Deutsche Bank) sued and obtained a declaratory judgment canceling E*Trade’s unreconveyed deed of trust.
On appeal from the judgment, E*Trade raises two main contentions: first, the trial court erred in issuing a statement of decision that did not include findings on controverted issues at trial, including several of E*Trade’s affirmative defenses; and second, the trial court erred in cancelling E*Trade’s deed of trust pursuant to Civil Code sections 2941 and 2943. We agree, in part, with E*Trade’s first contention and will reverse the judgment with directions to the trial court to issue a new statement of decision and enter a new judgment, consiste
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