Judge: Michael Shultz, Case: 24CMCV00181, Date: 2024-08-13 Tentative Ruling
Case Number: 24CMCV00181 Hearing Date: August 13, 2024 Dept: A
24CMCV00181
Mortgage Assets Management, LLC v. People’s Federal Savings and Loan
Association
[TENTATIVE] ORDER
The complaint
alleges that Plaintiff holds a 2006 deed of trust encumbering real property to
secure a reverse mortgage obtained by the homeowner. Through a series of
assignments, Plaintiff is the current beneficiary of that trust deed. Plaintiff
determined through a title report that Defendant holds a deed of trust that is
superior to Plaintiff’s that should have been released after multiple
refinances, but was never reconveyed. Plaintiff alleges claims for declaratory
relief and cancellation of instrument. The clerk entered default against
Defendant on July 30, 2024.
Plaintiff seeks an order to substitute PHH
Mortgage Corporation (“PHH”) in place of Plaintiff because the beneficial
interest in the 2006 deed of trust at issue has been assigned to PHH. (Code
Civ. Proc., § 368.5 ["An action or proceeding does not abate by the
transfer of an interest in the action or proceeding or by any other transfer of
an interest. The action or proceeding may be continued in the name of the
original party, or the court may allow the person to whom the transfer is made
to be substituted in the action or proceeding."].)
Plaintiff
submits an assignment of deed of trust recorded on April 28, 2024, establishing
that Plaintiff assigned the deed of trust at issue to PHH. (Charles
Correia Decl., Ex. A.)
Based
on the foregoing, Plaintiff’s motion is GRANTED. This action shall be continued
in the name of PHH Mortgage Corporation as Plaintiff.