Datta v. Fidelity National Title Co. CA2/8
The trial court granted an unopposed summary judgment motion by defendant Fidelity National Title Company on plaintiff Anosuya Datta’s claim of wrongful foreclosure. Plaintiff sought reconsideration (treated by the trial court as a motion for a new trial). Plaintiff contended “new or different facts and circumstances” showed defendant had no authority to conduct the trustee’s sale of plaintiff’s home, because of an alleged defect in the chain of assignment of the deed of trust – a defect that came to plaintiff’s attention after the summary judgment hearing. The trial court denied the new trial motion.
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