No. A146711.

19 Cal.App.5th 1092 (2018)

SMS FINANCIAL XXIII, LLC, Plaintiff and Appellant, v. CORNERSTONE TITLE COMPANY, Defendant and Respondent.

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

January 26, 2018.

Attorney(s) appearing for the Case

Law Office of Timothy A. Lundell and Timothy A. Lundell for Plaintiff and Appellant.

Gagen, McCoy, McMahon, Koss, Markowitz & Raines and Charles A. Koss for Defendant and Respondent.


A bank made a business loan that was guaranteed by the principals of the business and secured by a deed of trust on property the principals owned. Years later, the bank assigned the note and deed of trust to plaintiff SMS Financial XXIII, LLC (SMS). After the borrower defaulted on payment, SMS undertook preparations...

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