Desai v. Select Portfolio Servicing, Inc. CA2/6
Shabina and Yogesh Desai have avoided foreclosure for nearly a decade after defaulting on a home loan secured by a deed of trust. They allege that respondent Deutsche Bank National Trust Company (Bank) and its agents lack authority to foreclose because the loan was belatedly securitized and the deed of trust was belatedly assigned. The trial court dismissed the lawsuit on demurrer. We affirm because appellants cannot sue preemptively to challenge the trustee’s authority to initiate foreclosure.
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