CitiMortgage, Inc v. Candida Mobley Wright et al

Filing 215

JUDGMENT ON MORTGAGE, INC.'S FOURTH AMENDED COMPLAINT AS TO THE FOLLOWING CAUSES OF ACTION: (1) QUIET TITLE (ad of 4/25/2007); (2) CANCELLATION; AND (3) DECLARATORY RELIEF by Judge Dale S. Fischer. (MD JS-6, Case Terminated).(SEE JUDGMENT FOR SPECIFICS) (bp)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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Case No.: 2:16-cv-2920-DSF-FFMx

CITIMORTGAGE, INC., a New York
corporation,
Plaintiff,
v.

JUDGMENT ON
CITIMORTGAGE, INC.’S
FOURTH AMENDED
COMPLAINT AS TO THE
FOLLOWING CAUSES OF
ACTION:

CANDIDA MOBLEY WRIGHT
(A/K/A DARCI CANDIDA
MOBLEY A/K/A CANDIDA
WRIGHT A/K/A CANDIDA
MOBLEY), as an individual and as
trustee for the Wright Revocable
Family Trust and as co-trustee for the
Candida Mobley Revocable Trust;
BENNY HARRIS, an individual;
ANGELLINE FAAPUTU AFO, an
individual; TONY RUMFORD, an
individual; JIMMY LEE NICHOLAS,
as co-trustee for the Candida Mobley
Revocable Trust; MARIA
NAVARRO, as co-trustee for the
Candida Mobley Revocable Trust;
JULES HOWARD, JR., an individual;
TONIA FRANKLIN (A/K/A TANIA
FRANKLIN), an individual; DURELL

(1) QUIET TITLE (as of 4/25/2007);
(2) CANCELLATION; AND
(3) DECLARATORY RELIEF

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COLEMAN, an individual,
BARBARA DONAHUE, an
individual; ALL PERSONS
UNKNOWN, CLAIMING ANY
LEGAL OR EQUITABLE RIGHT,
TITLE, ESTATE, LIEN, OR
INTEREST IN THE PROPERTY
DESCRIBED IN THE COMPLAINT
ADVERSE TO PLAINTIFF’S TITLE,
OR ANY CLOUD UPON
PLAINTIFF’S TITLE THERETO; and
DOES 1-50, inclusive,

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Defendants.

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After consideration of the papers in support of the Application for Default

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Judgment, and Judgment Relating to the Fourth Amended Complaint filed by Plaintiff

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CitiMortgage, Inc., and the pleadings and papers on file in this action, including

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CitiMortgage’s Motion for Summary Adjudication against Candida Mobley Wright

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(Mobley) and all supporting papers (Dkt. Nos. 154, 169-172, 174), and the Stipulation

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for Entry of Final Judgment between Mobley and CitiMortgage (Dkt. 206), judgment is

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entered in favor of CitiMortgage against Defendants Benny Harris, Angelline Faaputu

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Afo, Tony Rumford, Jimmy Lee Nicholas, Maria Navarro, Jules Howard, Jr., Tonia

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Franklin (a/k/a Tania Franklin), and Durell Coleman (collectively, Defaulting

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Defendants).

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The “Property” at issue in this litigation is commonly known as 15523 Collina
Strada Street, Los Angeles, California 90077, and is legally described as:
Lot 18 of Tract No. 25625, in the City of Los Angeles, County of Los
Angeles, State of California, as per map recorded in book 834 pages 93 to
96 of maps, in the Office of the County Recorder of said county.
Except therefrom all oil, gas, minerals, and other hydrocarbon substances
lying below a depth of 500 feet, but with no right of surface entry, as
provided in deed recorded June 9, 1976 as Instrument No. 524, Official
Records.

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Based on the evidence presented by CitiMortgage in this action and the

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Stipulation for Judgment between Mobley and CitiMortgage, CitiMortgage has

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demonstrated that it is entitled to a judgment on its First Cause of Action for Quiet Title

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against the Defaulting Defendants on the Property.
In addition, CitiMortgage is entitled to default judgment on its other causes of

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action as requested in the Application

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IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT:

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1.

CitiMortgage is the prevailing party on its causes of action for Quiet Title,

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Cancellation, and Declaratory Relief. Based on this ruling, CitiMortgage’s causes of

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action for Reformation, Equitable Lien, and Equitable Subrogation are rendered moot

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and dismissed without prejudice.
2.

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The 2007 Deed of Trust, recorded on April 25, 2007 in the Official

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Records, Recorder’s Office, Los Angeles County, California, as Instrument

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20070994221 (2007 Deed of Trust), encumbers 100% of the Property.
3.

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CitiMortgage was assigned all beneficial interest and all rights accrued or

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to accrue through an Assignment of Deed of Trust. The Assignment was recorded on

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May 11, 2011 with the Official Records, Recorder’s Office, Los Angeles County,

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California, as Instrument No. 20110665182.
4.

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The Grant Deed conveying the Property from Howard to Mobley, which

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was recorded in the Official Records, Recorder’s Office, Los Angeles County,

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California on November 2, 2009, as Instrument No. 20091651658 (Secret Grant Deed),

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was a sham document, executed during the escrow process by which Mobley was

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conveying the Property to Howard. It was not supported by consideration. See Dkt.

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206.

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5.

The grant deeds executed by Mobley between 2011 and 2015, which

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purported to transfer interests in the Property to one or more of the Defaulting

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Defendants are void, because they were sham contracts, were entered into for the illegal
purpose of interfering with CitiMortgage’s right to foreclose, and lacked consideration.
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These include the documents recorded in the Official Records, Recorder’s Office, Los

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Angeles County, California, identified as:

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Instrument No. 20110602666, Grant Deed – Trust Transfer, recorded
on April 2, 2011;

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Instrument No. 20110772419, Trust Transfer Grant Deed, recorded
on June 6, 2011;

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Instrument No. 20110903861, Trust Transfer Grant Deed, recorded
on July 5, 2011;

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Instrument No. 20111041592, Trust Transfer Grant Deed, recorded
on August 3, 2011;

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Instrument No. 20111233385, Trust Transfer Grant Deed, recorded
on September 12, 2011;

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Instrument No. 20111376340, Trust Transfer Grant Deed, recorded
on October 11, 2011;

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Instrument No. 20111535170, Trust Transfer Grant Deed, recorded
on November 14, 2011;

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Instrument No. 20121156040, Grant Deed, recorded on August 3,
2012;

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Instrument No. 20130984508, Grant Deed, recorded on July 3, 2013;

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Instrument No. 2015553805, Grant Deed, recorded on May 13,
2015;

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Instrument No. 20140834289, Grant Deed, recorded on August 11,
2014;

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Instrument No. 20150978745, Grant Deed, recorded on August 11,
2015; and

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The “Grant Deed” from Darci Candida Mobley conveying an
undivided 5% interest to Tonia Franklin, referenced in a petition
filed with the U.S. Bankruptcy Court, Central Division on February
13, 2015 assigned as Case No. 2:15-bk-12207-VZ (which may not
have been recorded).

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(Collectively, Fractional Grant Deeds.)
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First Cause of Action – Quiet Title: Judgment is entered in favor of

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CitiMortgage on its Quiet Title cause of action. Specifically, CitiMortgage’s lien

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interest, based on the 2007 Deed of Trust, attached against 100% of the Property as of

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April 25, 2007, and is superior to any purported to any right, title, estate, lien or interest

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in the Property of any of the Defaulting Defendants. Further, the Fractional Grant

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Deeds and Secret Grant Deed are void.

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7.

Second Cause of Action – Cancellation: Default Judgment is entered in

favor of CitiMortgage on its Cancellation cause of action. Specifically, the Fractional

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Grant Deeds and Secret Grant Deed were sham documents and are void. They are

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cancelled.

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8.

Sixth Cause of Action – Declaratory Relief: Default Judgment is entered

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in favor of CitiMortgage on its Declaratory Relief cause of action. Specifically, the

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Court determines:

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a)

That CitiMortgage holds the first and senior security lien against
100% of the Property pursuant to the 2007 Deed of Trust.

b)

That the Fractional Grant Deeds and Secret Grant Deed are
cancelled/voided.

c)

That any interest in the Property that may be asserted by the
Defaulting Defendants is junior and subordinate to the interest held
by CitiMortgage against the Property.

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CitiMortgage may cause this Final Judgment to be recorded with the Los

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Angeles County Recorder’s Office.

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IT IS SO ORDERED.

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DATED: 4/6/18
Dale S. Fischer
United States District Judge

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