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PEREZ v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS

Nos. 18-16584, 18-17230.

959 F.3d 334 (2020)

Bella PEREZ; Enrique Perez, Plaintiffs-Appellants, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; U.S. Bank, N.A., as trustee for the Lehman XS Trust 2006-14N Mortgage Pass-Through Certificates, Series 2006-14N, Defendants-Appellees. Bella Perez; Enrique Perez, Plaintiffs-Appellants, v. Mortgage Electronic Registration Systems, Inc.; The Bank of New York Mellon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 11, 2020.

Attorney(s) appearing for the Case

Mark W. Lapham , Law Offices of Mark W. Lapham, Danville, California, for Plaintiffs-Appellants.

Jan T. Chilton , Severson & Werson, San Francisco, California; Kerry W. Franich , Severson & Werson, Irvine, California; Ian A. Rambarran , Betsy S. Kimball , and Lindsey N. Casillas , Klinedinst PC, Sacramento, California; for Defendants-Appellees.

Before: Ronald M. Gould and Mary H. Murguia, Circuit Judges, and Gary Feinerman, District Judge.

OPINION

These cases, in which we apply California law because of our diversity jurisdiction, present the question of whether California law permits borrowers to bring judicial actions to challenge a foreclosing party's authority to foreclose on the borrower's property before a foreclosure has taken place.

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