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appellate casePay attention to the previous postings this week about the reversal of a WeidnerLaw trial in a PNC case.  You can see the post here. Well…from across the country comes…another set of interesting facts:

In the meantime, plaintiff had filed a lawsuit against defendants PNMAC and Trustee Corps in Los Angeles Superior Court. She filed a first amended complaint after the foreclosure sale, and later a second amended complaint (the operative complaint) on December 2, 2013. The operative complaint asserts four causes of action: (1) “Violation
of California Commercial Code–Fraudulent Assignment,” (2) Quiet Title, (3) Wrongful Foreclosure, and (4) “cancellation of instrument,” specifically, the deed of trust, notice of default, and notice of trustee’s sale.

The overall gist of the operative complaint is fairly summed up by a sentence in one of its general allegations: “This action arises out of the wrongful conduct of the defendants as concerns a fraudulent assignment of deed of trust and a wrongful foreclosure on the . . . Property.” (Operative Complaint ¶ 7.) The theory of the operative complaint, as taken from the general allegations and portions of the allegations set forth in connection with the designated causes of action, is that PNMAC had no interest in the trust deed, and thus no right to foreclose on the Property, because MERS never in fact assigned the trust deed to PNMAC. Instead, plaintiff alleges Graves (whose signature ostensibly appears on the Assignment) “is not, nor has he ever been” a representative of MERS. (Operative Complaint ¶ 25.) In the same vein, plaintiff further alleges the notary that verified Graves signed the Assignment “is or was an employee of one or more of [defendants]” and that she “has been indicted and is currently being prosecuted in Los Angeles California for criminal misuse of her notary seal.” (Operative Complaint ¶¶ 25, 39.) Plaintiff further alleges, on information and belief, that defendants have no beneficial interest in the Note, and that the “Note was never assigned, sold, transferred or otherwise conveyed to Defendants.” (Operative Complaint ¶¶ 13, 15.)

The apparent basis for the operative complaint’s assertion of a wrongful foreclosure cause of action against Trustee Corps were allegations that PNMAC and Trustee Corps, labeled by plaintiff the “conspiring defendants,” joined together in some unspecified manner to form a “conspiracy” and perpetrate “actual fraud” in the assignment of the trust deed.

You can see the details here pnac

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