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
Original Source: https://www.courtlistener.com/opinion/2650742/nativi-v-deutsche-bank-national... ↗

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not act or direct that any actions be taken with respect to the loan and property made a
subject of this case."
At all relevant times, AHMSI was servicer and attorney-in-fact for Deutsche Bank
with respect to the note, the deed of trust, and the Stoneylake property. AHMSI was
responsible for preparing the property for sale on the open market. It retained the
services of Advisors to accomplish that end.
Advisors is a real estate company dealing mainly with foreclosures. Foreclosed
properties are assigned to Advisors by a servicer, which acts on behalf of banks. The
Stoneylake property was assigned to Advisors. AHMSI's website indicates whether the
servicer wants Advisors to try to work out a "cash for keys" arrangement with the
occupants.
Diaz had worked for Advisors since February 2008, and, at the time of her
deposition in December 2010, she had worked in the real estate industry for 17 years. At
the time of his deposition in February 2011, Dougherty had worked for Advisors for
about two and a half years.
At the time of her deposition in December 2010, Diaz had not received any
training in working with foreclosed properties or eviction law. She had never seen an
eviction notice or written a three-day or 90-day notice. She had not consulted any
manual when she was dealing with the Stoneylake property. Diaz was not a real estate
agent or broker.
Before working for Advisors, Dougherty had been an iron worker. He was not a
real estate agent. He had not received any training regarding unlawful detainers.
Dougherty's job involves driving to foreclosed properties, taking photographs of
the properties, and contacting the people still living there. Each morning he receives a
list of properties to visit after he clocks in. Unless there is a "no contact" instruction, he

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