The failure to appoint the trustee in the Deed of Trust does not make the Deed of Trust invalid. Shuster v. BAC Home Loans etc. 11/29/12 CA2/6

Another published case in California affirming that the original note in not required for a non-judicial foreclosure; that defaulted borrower cannot set aside a non-judicial foreclosure without a valid tender of the amount due and that¬†failure to appoint the trustee in the Deed of Trust does not make the Deed of Trust invalid. The Court…