-- Assignments –
Homeowner lacked standing to challenge the foreclosure of her home based on an alleged defect in the assignment of the deed of trust (DOT). Homeowner claimed the assignment of the DOT to her home by MERS to Structured Asset Mortgage Investment II Trust 2007-AR7 Mortgage Pass-Through Certificates 2007-AR7 (2007-AR7 trust) was invalid because the assignment occurred after the closing date for the 2007-AR7 trust, and that the signature on the instrument was forged or robo-signed. The assignment of a deed to a securitized trust made after the trust's closing date is not void, but merely voidable by the beneficiary.
Saterbak v. JPMorgan Chase - filed March 16, 2016, Fourth District, Div. One
Cite as 2016 S.O.S. 1429
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--Conveyances--
Trust language "I transfer to my Trustee the property listed in Schedule A, attached to this agreement," was sufficient to convey to the trust a property listed in the schedule.
The trustor was not required to execute a separate deed in order to effectuate such conveyance. The court further concluded that, "because at the time the trust was created, [a prior trust] was a revocable inter vivos trust, and [the trustor] was the sole trustee who owned no interest in the property as an individual, his signature on the later trust was sufficient "to convey good title" to the property from the [prior trust] to the [later trust].
Carne v. Worthington - filed April 13, 2016, Fourth District, Div. One
Cite as 2016 S.O.S. 1877
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-- Independent Appraisers --
Substantial evidence supported a city council's determination that a property appraiser was "independent" even though he was paid by the property owner to do the appraisal. The appraiser testified that the property owner did not direct his work or dictate the outcome of his appraisal, and his fee was not based on the outcome of his appraisal. Absent an express provision to the contrary, a city ordinance requiring an "independent" property appraisal could not be construed as requiring a potentially complex method for selecting an appraiser, rather than simply any qualified "independent" appraiser.
San Diegans for Open Government v. City of San Diego - filed March 2, 2016, publication ordered March 16, 2016, Fourth District, Div. One
Cite as 2016 S.O.S. 1373
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