Omission Of A Trustee On Deed Of Trust Does Not Prevent Enforcement Of The Deed Of Trust.

After homeowners/borrowers fell more than $90,000 behind in payments, the beneficiary of the deed of trust substituted an entity as trustee to initiate nonjudicial foreclosure proceedings. The homeowners sued to set aside the sale because the deed of trust failed to designate a trustee. Both the trial court and the appellate court held the omission of a trustee does not preclude nonjudicial foreclosure of the deed of trust. Shuster v. BAC Home Loans Servicing, LP (Cal. App. Second Dist., Div. 6; November 29, 2012) 211 Cal.App.4th 505.