Torres v. Flagstone Bank
John Henry Torres' house was sold at a foreclosure sale after he defaulted on a loan secured by a deed of trust on the house. After the foreclosure, Torres (appellant) filed this lawsuit against the lender, Flagstar Bank, FSB (Flagstar), its nominee, Mortgage Electronic Registration Systems, Inc. (MERS), and other entities involved in the foreclosure process. The trial court sustained without leave to amend respondents' demurrer to appellant's third amended complaint. He appeals from the resulting order dismissing the action, contending he alleged facts sufficient to state causes of action for negligence, fraud and wrongful foreclosure because the foreclosure occurred without a notice of default and because the lender concealed the participation of MERS and the Federal National Mortgage Association (Fannie Mae) in the loan and deed of trust. We affirm.
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