Plaintiff Sufficiently Alleges A Void Assignment of Deed of Trust Based Upon A Forgery In California

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Void Assignment of Deed of Trust Based Upon Forgery

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Piggybankblog posted on 04/10/13

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Superior Court of California — County of Los Angeles — Department 51 –Honorable Abraham Khan — Lockett, Plaintiff (s) v. Bank of America Defendant(s).

 

EXCERPTS

With regard to fraud, actionable representations of entitlement to enforce the deed of trust are not pled with sufficient particularity, including as to identities, times and methods, and knowledge the time of forced assignment (e.g., First Amended Complaint ~~61-66), and many allege nondisclosures are not supported by any case-recognized duty, such as the alleged duty to disclose splitting the note from the deed of trust that is merely legal conduct (id. at ~44), or to disclosure changes in loan character to an investment that are simply legal transactions (e.g., id.11 at ~~45-49, 67).

Further, California law has never recognized a cause of action for fraud based upon a forged assignment or a scheme of conduct, but instead defines actionably fraud claims has been misrepresentations, concealment, promissory fraud or fraudulent inducement of contracting.

With respect to an accounting, the pleading sufficiently alleges unknown payments to no one entitled to the funds (e.g.. First Amended complaint, ~~22-23, 91-92).

Concerning cancellation, the Plaintiff sufficiently alleges a void assignment of deed of trust based upon a forgery (e.g., First Amended Complaint, ~40).

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