Bank foreclosure 497
April 9th, 2012 
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Fotenot v Wells Fargo Bank 198 Cal.App.4th 256 (2/1) (2011) Bank foreclosed F.’s property following her default on ‘special forbearance agreement.’ San-Diego-Auto-Accident-lawyer She sued bank and mortgage registration system (MERS) for wrongful foreclosure. Demurrer, supported by recorded documents, sustained, affirmed. [1] Proper to take judicial notice Ev C § 452 of recorded documents and facts deduced from them, including their legal effect. Documents showed MERS’s beneficiary status. Distinction between facts recited in documents and legal effect of document itself. Only the latter is judicially noticeable. [2] On sustaining earlier demurrer, trial court properly required any amended complaint to attach foreclosure agreement. Court may condition leave to amend on any just terms. CCP § 472a. [3] Forbearance agreement was negotiated for specific terms different from original promissory note and therefore supported by consideration. Promissory estoppel by definition inapplicable. San Diego personal injury attorney