The remedy of a constructive trust

3. Upon filing for notice, the petitioner will seek a hearing in “a constructive trust as for involuntary equitable trust created as a remedy to compel the transfer of property from the person wrongfully holding it to the rightful owner.” In re Real Estate Associates Ltd. Partnership Litig., 223 F. Supp. 2d 1109, 1139 (C.D. Cal. 2002).
4. The remedy of a constructive trust arises where the involuntary trustee is in possession of property allegedly owned by the BofA NA as claimant in foreclosure. However, it is commonplace for claimants to use facts which give rise to a contract claim, the instrument to also allege tort liability — such as the allegation that an unpaid loan was procured through the mis-representations of the lender as the real party of interst as to the borrower, obligor to the creditor.
5. Now, where the Mortgagor is a Trustor and always held to the same standard and where the Lender is the Beneficiary and once more, always held to the same judicial standard;
6. Petitioner therefore cites “the imposition of a constructive trust is proper whereby the mortgagor as petitioner is filing in consideration of (1) the existence of res (property, Note, repurchase rights or some interest in property); (2) the right of the complaining party to that res; and (3) some wrongful acquisition or detention of the res by another party who is not entitled to it.” See Burlesci v. Petersen, 68 Cal. App. 4th 1062, 1069 (1998).
7. Notice is served on the parties filing claims in non judicial jurisdiction for the state of Oregon


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