Sharma v. Bank
Plaintiff Aruna Sharma (plaintiff) appeals from a judgment in favor of defendants Bank of America, N.A. (Bank of America), ReconTrust Company, N.A. (ReconTrust), and U.S. Bank, National Association as Trustee for the Benefit of Harborview 2005-12 Trust Fund (U.S. Bank) (collectively defendants) following the trial court’s dismissal of the action due to plaintiff’s failure to file an amended complaint after defendants’ demurrer was sustained. Plaintiff contends that her failure to oppose the demurrer should be excused because she was ill. We conclude that plaintiff has shown no error, and affirm the judgment.
On June 27, 2005, plaintiff obtained a $386,150 loan from First Magnus Financial Corporation and executed a deed of trust against real property located in Pomona, California (Property). The deed of trust named Mortgage Electronic Registration Systems, Inc. (MERS) as the holder of the beneficial interest in the deed of trust. On March 10, 2010, ReconTrust, as MERS’s agent, recorded a notice of default and election to sell under deed of trust stating that plaintiff’s arrears exceeded $17,000. A substitution of trustee and assignment of deed of trust was recorded on March 23, 2010, stating that MERS was appointing ReconTrust as the substitute trustee and assigning its interest in the deed of trust to U.S. Bank. On July 26, 2011, ReconTrust recorded a notice of trustee’s sale.
Comments on Sharma v. Bank