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KAN v. GUILD MORTGAGE CO.

No. B254007.

230 Cal.App.4th 736 (2014)

178 Cal.Rptr.3d 745

LINDSAY T. KAN, as Trustee, etc., Plaintiff and Appellant, v. GUILD MORTGAGE COMPANY, Defendant and Respondent; THE BANK OF NEW YORK MELLON, as Trustee, etc., et al., Interveners and Respondents.

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

As modified September 25, 2014.

Attorney(s) appearing for the Case

Paul Kujawsky for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Severson & Werson, Jan T. Chilton and Kerry W. Franich for Interveners and Respondents.

OPINION

BOREN, P. J. —

Appellant's real property loan is in default. Appellant seeks to quiet title and avoid foreclosure by alleging that the deed of trust on the property was improperly securitized and that the beneficiary lacks authority to foreclose. Because California's nonjudicial foreclosure statutes provide no basis for appellant's claim, we find that the trial court properly sustained the demurrer to appellant's complaint without...

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