Finley v. LaSalle Nat'l Bank Assn.













Filed 11/4/10 Finley v. LaSalle Nat'l Bank Assn. CA1/4

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>NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115 >.





IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FIRST
APPELLATE DISTRICT



DIVISION
FOUR




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LATONYA FINLEY, Plaintiff and Appellant, v. LASALLE NATIONAL BANK ASSOCIATION, as Trustee, etc., Defendant and Respondent.

A128223 (Alameda County Super. Ct. No. RG08410231)

Appellant
Latonya Finley contends that she was fraudulently induced to take out an
unconscionable mortgage loan on her real property, secured by a deed of trust; that a notice of default
on the property was wrongfully filed; and that the property was improperly sold
at a nonjudicial foreclosure sale. The
trial court sustained a demurrer to Finley's first amended complaint, without
leave to amend. We affirm.

facts and procedural background

As this
appeal arises from an order sustaining a demurrer, we assume, solely for the
purpose of determining whether Finley's first amended complaint[1]
stated a cause of action, that the facts pleaded in the complaint are
true. (Schifando v. City of Los
Angeles (2003) 31 Cal.4th 1074, 1081.) Those facts, supplemented by matters of which
the trial court took judicial notice, may be summarized as follows. Finley owned a parcel of real property (the
property) in Oakland. In April 2006, Finley refinanced the property
through Resmae, a mortgage banker, and executed a promissory note and deed of trust to
secure a loan in the amount of $600,000.
(Resmae was named as a defendant in Finley's original complaint in this
action, but was not named as a defendant in the first amended complaint, and is
not a party to this appeal. It
apparently declared bankruptcy and was sold to another entity.) On April
25, 2006, Finley executed a deed of trust transferring the
property, as a gift, to a nonprofit corporation named Future Awareness, which
is not a party to this case.

In
mid-December 2006, Finley tendered a sum of money sufficient to pay the amount
then due on the mortgage.[2] Finley does not allege that she made or
tendered any payments after that date. A
notice of default was recorded against the property on April 6, 2007. On May
10, 2007, Resmae assigned the deed of trust securing Finley's
mortgage to respondent, which was designated as follows in the assignment:
â€