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Zavala v. Deutsche Bank Trust Co.

United States District Court, Ninth Circuit

July 10, 2013

RICARDO ZAVALA, Plaintiff,
v.
DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE RALI 2006-QS8; organized and existing under laws of the United States, TRUSTEE CORPS, Defendants.

ORDER GRANTING MOTION TO DISMISS [RE: ECF No. 9].

LAUREL BEELER, Magistrate Judge.

INTRODUCTION

Pro se Plaintiff Ricardo Zavala sued Deutsche Bank Trust Company Americas as Trustee Rali 2006-QS8 ("Deutsche Bank") and Trustee Corps for damages and to prevent them from foreclosing on his property. See Complaint, ECF No. 1.[1] Zavala alleges that Defendants do not have his original promissory note or deed of trust on his property and that their attempts at foreclosure are, therefore, invalid. Id. He states three claims: (1) quiet title, (2) injunctive relief, and (3) declaratory relief. Id. ¶¶ 24-35. Zavala asks the court to (1) declare his mortgage debt unenforceable, (2) declare that he has quiet title to the property, (3) enjoin Defendants from foreclosing, and (4) award him damages. Id. at 7.

MTC Financial Inc., doing business as Trustee Corps ("MTC") appeared and filed the pending motion to dismiss for lack of subject matter jurisdiction. For the reasons stated below, the court grants MTC's motion to dismiss.[2]

STATEMENT

I. FACTUAL BACKGROUND[3]

Zavala lives in California and "at all times herein" owned a property at 29844 East Via Casalina Parkway, Escalon, California. Complaint, ¶¶ 3, 7. Defendant Trustee Corps is an officially registered fictitious business name for MTC Financial Inc. See RJN Ex. A, ECF No. 10 at 4.[4] MTC Financial Inc., is a California corporation that was formed on June 30, 1992. RJN Ex. B, ECF No. 10 at 10. Deutsche Bank is a corporation organized and domiciled in New York and doing business in San Joaquin County, California. Id. ¶¶ 1, 9.

On April 17, 2006, Zavala executed a promissory note secured by a deed of trust in favor of Olympia Funding, Inc. Id. ¶¶ 13-14, 16. The deed was recorded on or about April 17, 2006. Id. ¶ 14. Zavala alleges that Deutsche succeeded to Olympia's interest in the note and deed. See id. ¶¶ 13, 15.

Olympia also "caused [Mortgage Electronic Registration System] to go on title as Nominee Beneficiary.'" Id. ¶ 15. In order to do this, the "Note and Deed of Trust were separated... which caused a complete breach of contract of the Deed of Trust." Id. ¶ 15. Zavala alleges that MERS also acted as through it were the actual beneficiary of the deed, rather than just a nominee, that this means the deed was never perfected and is a nullity. Id. Later, MERS "elected Trustee Corps as the new trustee." Id. ¶ 18.

Zavala made payments under the loan "until he reached a financial hardship." Id. ¶ 17. The lender sent a notice of intent to foreclose, and Defendants want to proceed with a non-judicial foreclosure. Id. ¶ 18.

Zavala "is unsure as to whether the lender still possesses the original Promissory Note and Deed of Trust, upon which the lender claims the right to foreclose." Id. ¶ 20. But he also alleges that "MERS has sold the Deed of Trust over and over; and the true beneficiary is unknown and has separated the Note and Deed of Trust making the deed of trust null and void." Id. In addition, MTC "has refused to produce the note, when offered fully payment in return for it, therefore, Plaintiff must assume that they do not have possession and are NOT holders in due course. Id.

Zavala filed the complaint on March 7, 2013. See id. In it, he seeks declaratory relief (Claim 1), injunctive relief (Claim 2), and "Cancellation of Instrument/Foreclosure/Quiet Title" (Claim 3). Id. ¶¶ 24-35. Zavala asks for a temporary restraining order[5] and preliminary and permanent injunctions barring foreclosure of the property. Id. at 6-7. He also seeks "a declaration of rights regarding the propriety of the Note and Deed of Trust, " "Quiet Title, " a declaration that the deed of trust is void and requiring Defendants "to execute a full reconveyance in favor of the Plaintiff." Id. at 7.

II. PROCEDURAL HISTORY

The same day he filed the complaint, Zavala consented to this court's jurisdiction and moved for leave to proceed in forma pauperis. ECF No. 3. The court granted his motion, ECF No. 5, but Zavala failed to provide an address for service of summons on Deutsche Bank. See Clerk's Letter ...


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