2017-00207137-CU-OR

Lera Properties, Inc. vs. Fritz Benoit

Nature of Proceeding: Motion for Judgment Quieting Title

Filed By: Lassner, John C.

Appearance required.

In this action to quiet title, Plaintiff Lera Properties seeks judgment quieting title. Plaintiff was the purchaser of the subject real property located at 2516 19th Avenue in Sacramento, CA at a non-judicial foreclosure sale. However, the trustee did not issue or record a trustee’s deed. Plaintiff’s papers show that Defendants Fritz Benoit and Nadine Benoit, the previous owners, issued a quit claim deed to Plaintiff which was recorded on November 8, 2017. In addition, the owner of the deed of trust that was foreclosed upon (Defendant GMAC Mortgage LLC) and the entities involved in the foreclosure (Defendants ResCap Liquidating Trust and Executive Trustee Services, LLC) agree that they hold no interest in the property and that any interest was transferred to Plaintiff in the non-judicial foreclosure sale. All parties have stipulated to the proposed judgment quieting title in Plaintiff’s favor.

The Court anticipates that it will enter the proposed judgment after holding the hearing.