Davies v. NDEX WEST LLC, Uamc-uamcc Demurrers to first amended complaint- moot since Second Amended was filed

This is moot however, this is the response most lenders will file for a foreclosure complaint. Well written and good law firm. The Demurrer was helpful for filing a nearly new Second Amended Complaint. This was not heard due to the filing of the second complaint prior to the hearing date. there are cases as addendum which will be filed separately.

One Response

  1. This Demurrer is correct in that it is not required to have the “Original” to conduct a Foreclosure in California. However, pursuant to Civil Code 2932.5 they are required to have it or be the recorded beneficiary (“Assignment of Deed”) with the Local County recorders Office . Pursuant to Business and Professions Code 17351(b) they “CAN’T” transfer a contract when it is in default. Furthermore, I can almost “Guarantee” the Notice of Default or Notice of Trustee’s Sale states “This is an attempt to collect a debt any information received will be used to collect such a debt”, this means they are admiting to be a debt collector it is a violation of Penal Code 115.5 to state any fraudulent or false information on a recorded document. If you read the Notice of Default carefully, note it states “That bu reason thereof, the present Beneficiary under such Deed of Trust, has executed and delivered to TRUSTEE, said Trustee, a written Declaration and Demand for Sale and has DEPOSITED with said duly appointed Trustee, such Deed of Trust and ALL DOCUMENTS EVIDENCING THE OBLIGATION SECURED THEREBY…” On this statement they admit they are in possession of the NOTE after having admitted they are not…Penal Code violation 115.5.

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