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Scott Gizer and Brian Ritter prevailed on behalf of Early Sullivan client, Patron Investments, LLC in a quiet title and cancellation of instruments action following a bench trial in San Bernardino County.

Patron Investments, LLC acquired title to a property in Rancho Cucamonga from HSBC after it foreclosed on its deed of trust. Plaintiffs Thomas and Liu Quan Reece alleged that HSBC’s foreclosure was wrongful and should be set aside for multiple reasons, including that HSBC was not the proper beneficiary of the deed of trust, enforcement of the underlying debt was time barred and that HSBC could not foreclose on Liu Quan Reece’s 50% interest in the property based on California community property laws and because Liu Quan Reece did not sign HSBC’s deed of trust.

If Plaintiffs were to succeed on any of their theories, it would have invalidated the sale to Patron Investments, LLC. Mr. Gizer and Mr. Ritter put on evidence to establish that HSBC was the proper beneficiary of the deed of trust, the underlying debt was still enforceable and that Liu Quan Reece’s conveyance of her interest in the property to Thomas Reece was a valid transfer as between them and HSBC’s predecessor-in-interest Countrywide.

After a three-day bench trial, the trial court found in favor of Patron Investments, LLC quieting title in its name as the owner of the subject property free and clear of any claims by the Plaintiffs. The case is entitled Thomas F. Reece; Liu Jean Quan Reece v. Nationstar Mortgage, LLC, et. al., San Bernardino County Case No. CIVSB2106194.