California v. Astorga-Lider

Yolanda Astorga-Lider pled guilty to six felony counts, including two counts of violating Penal Code section 115 (a). One of those counts, grand theft (count 6), involved Astorga-Lider encumbering certain real property, purchased by Nohemi and Jose Lorenzana with a fraudulent deed of trust. The subject deed of trust listed Sunil Deo as the lender. The Lorenzanas could not afford to buy a home. Astorga-Lider suggested a plan to the Lorenzanas and Nicolas and Elizabeth Corral, which would allow the Lorenzanas to purchase a home. The Corrals could obtain a $350,000 real estate loan, borrow against rental property they owned, and give the loan proceeds to the Lorenzanas. In turn, the Lorenzanas could use the proceeds to buy a home while making payments on the $350,000 loan. The Lorenzanas finalized what they believed to be an all-cash purchase of a house. Astorga-Lider accompanied the Lorenzanas to the bank and provided the transfer information to the bank. Unbeknownst to the Lorenzanas, the account number Astorga-Lider provided the bank was for an account that she controlled and used to funnel stolen funds from multiple fraudulent loans. After Astorga-Lider's guilty plea, the State moved, under section 115 (e), for an order declaring certain record instruments void, including the deed of trust listing Deo as the lender (Deo Deed of Trust). After multiple rounds of briefing, the superior court granted the motion. In doing so, the court found the Deo Deed of Trust void. Deo appealed the order declaring the Deo Deed of Trust void, contending the State's motion was procedurally improper; the Deo Deed of Trust was not a false or forged document under section 115; at most, the Deo Deed of Trust was voidable, not void; civil court, not criminal court, was the appropriate forum for adjudication of the validity of the Deo Deed of Trust; Deo's due process rights were been violated; and the order voiding the Deo Deed of Trust constituted an unlawful taking. The Court of Appeal concluded Deo's arguments were without merit and affirmed. View "California v. Astorga-Lider" on Justia Law