Tentative ruling issued by Judge Timothy M. Casserly on Apr. 05, 2018 in San Diego County, CA - Case no: xxxxx-NC

Defendant Nationstar Mortgage, LLC's demurrer to Plaintiffs Laura Flores and Mario Ledesma's Complaint is SUSTAINED.

Plaintiffs allege various causes of action arising out of their admitted default on their home mortgage on November 1, 2007. Plaintiffs purchased their San Marcos home on October 13, 2006, via mortgage loan from FCM Corporation ("FCM") in the amount of $448,000. They executed a promissory note secured by a Deed of Trust ("DOT") recorded against the property. Defendant Nationstar Mortgage, LLC initiated nonjudicial foreclosure proceedings on February 28, 2017, via the recording of a notice of default.

According to the allegations and judicially noticeable evidence, FCM assigned beneficial interest in the DOT to Wilmington Finance, Inc., which assigned to Merrill Lynch Mortgage Lending, Inc., which then assigned to U.S. Bank National Association. Each assignment was publicly recorded. A corrective assignment DOT was later recorded affirming US Bank'….....