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SHUSTER v. BAC HOME LOANS SERVICING, LP

No. B235890.

211 Cal.App.4th 505 (2012)

149 Cal. Rptr. 3d 749

DANIEL R. SHUSTER et al., Plaintiffs and Appellants, v. BAC HOME LOANS SERVICING, LP, et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

November 29, 2012.

Attorney(s) appearing for the Case

Mark Brifman for Plaintiffs and Appellants.

Bryan Cave , Glenn J. Plattner and Curt R. Wiele for Defendants and Respondents Bank of America, N.A. and ReconTrust Company, N.A.

The Ryan Firm, Timothy M. Ryan and Michael W. Stoltzman, Jr. , for Respondent Arch Bay Holdings, LLC Series 2010B.

OPINION

PERREN, J. —

Appellants Daniel R. and Yvette Shuster borrowed $670,000 to purchase a home. The deed of trust securing the loan did not name a trustee. Here we hold that the omission of a trustee does not preclude nonjudicial foreclosure of the deed of trust.

After the Shusters fell more than $90,000 behind in payments, the beneficiary of the deed of trust substituted respondent ReconTrust Company, N.A. (ReconTrust), as...

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