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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)

Citation
Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Parent Document
Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Jurisdiction
California (state)
Effective Date
2014-01-23

Other Sections in This Document (81)

Full Text

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35
       When Perez returned home and discovered his belongings had been removed, he
knocked on the door of main house and three people whom he did not recognize came to
the door. When he asked why his apartment had been emptied into the yard, the police
were called. When the police learned that the house was in foreclosure, Perez was told to
leave. Perez has no idea who removed their personal belongings from the garage unit and
discarded them in the backyard.
       Appellant Nativi first learned what happened on October 24, two days before she
returned from El Salvador.
       The last of the occupants of the Stoneylake property were evicted in March or
April 2010 by way of an unlawful detainer proceeding.
3. Evidence Submitted by Respondents' in Support of Summary Judgment
       Nativi and her son Jose moved into the garage unit on the Stoneylake property on
June 1, 2007. Nativi knew the property owner's daughter, Veronica Cazzali (Veronica).
Veronica and her two children lived in the main house. The converted garage had two
bedrooms, a living room, a bathroom, and a kitchen. On June 1, 2007, Natavi signed a
lease, which provided for monthly rent of $1,600. She signed another lease on June 1,
2008 and a third lease on June 1, 2009.
       Natavi is a citizen of El Savador but she has lived in the United States for more
than a decade. Nativi's son is Jose Roberto Perez Nativi. At the time of the foreclosure
sale, Perez was 20 years old.
       The Deutsche Bank National Trust Company is the trustee for "the American
Home Mortgage Assets Trust 2007-5 Mortgage-Backed, Pass-Through Certificates,
Series 2007-5." The note and deed of trust executed by Cazzali and secured by the
Stoneylake property was one of the assets of that trust. In its individual capacity,
Deutsche Bank National Trust Company "does not have any relationship with or
authority to act with respect to loans held in trusts for which it is the trustee" and it "did