Facts: A borrower obtained a loan secured by their home. The loan was pooled with other loans in a securitized investment trust. The borrower later defaulted on the loan and the lender initiated foreclosure.

Claim: The borrower sought to prevent the foreclosure, claiming the lender did not have the right to foreclose since it no longer held a secured interest in the borrower’s home after pooling the borrower’s loan in a securitized investment trust.

Counterclaim: The lender sought to retain its right to foreclose, claiming it still held a  secured interest in the borrower’s home since pooling the borrower’s loan in a securitized investment trust did not alter its authority to foreclose.

Holding: A California court of appeals held the lender may foreclose since it held a secured interest in the borrower’s home as pooling the borrower’s loan with other loans in a securitized investment trust did not eliminate the lender’s security interest in the property. [Jenkins v. JP Morgan (2013) __ CA4th__]