Court of Appeal reaffirms MERS' ability to foreclose, holds that recorded documents do not overcome a specifically pled violation of Section 2923.5 *

USA - July 30 2012
In Skov v. U.S. Bank N.A., 2102 WL 2549811 (June 8, 2012), the Court of Appeal reversed the trial court’s decision to sustain a demurrer against plaintiff Andrea Skov’s second amended complaint, holding that she had stated a claim for violation of Civil Code Section 2923.5, which requires a lender to contact a defaulted borrower to discuss alternatives to foreclosure before starting a nonjudicial foreclosure by recording a notice of default.

Co-authors: Alejandro E. Moreno .