PERRY v.

JPMorgan Chase et al 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Leighton Lee Perry 6724 Waverly Road Martinez, Ca 94553 Phone (925) 949-8377 Email: LL_Perry@att.net

Case # MSC10-02914

Plaintiff Pro Se

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF CONTRA COSTA LEIGHTON LEE PERRY, Plaintiff, vs.
JP MORGAN CHASE BANK N.A.; CHASE HOME FINANCE LLC; FEDERAL NATIONAL MORTGAGE ASSOCIATION; QUALITY LOAN SERVICE CORP.; and all persons unknown, claiming any legal or equitable right, title estate, lien or interest in the property described in this Complaint adverse to Plaintiffs title thereto and as DOES 1100, Inclusive,

Case No. MSC10-02914 PLAINTIFFS SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN OPPOSITION TO QUALITY LOAN SERVICE CORP MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION OR BOTH

Judge: Hon. Laurel S. Brady Dept: 31 Date: May 23, 2013 9:00 a.m.

Defendant. PLAINTIFFS SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN

22

OPPOSITION TO QUALITY LOAN SERVICE CORP MOTION FOR SUMMARY

23

JUDGMENTOR SUMMARY ADJUDICATION

24 25 26 27 28 Page 1 of 1

Please note the Moving partys document did not number the facts and presented events out of order. Opposing partys response attempts to correct this lapse of following court rules. Objections refer to the accompanying Statement of Objections by number.

Opposition to MSJ by Quality Loan Svc Stmt Undisputed Facts / Objections

Perry v JP Morgan Chase et al

1.)

CASE NUMBER: MSC10-02914

1.)

In May 1988, Plaintiff obtained a loan for

The Loan was secured by a deed of trust

$130,000 and signed a note and Deed of Trust. Plaintiffs FAC, page 5, paragraph 17; Deed of Trust, RFJN, Exhibit A.

describing the Subject Property that was recorded with the Contra Costa County Recorders Office on May 20, 1988 as instrument number 88-84405 (DOT). The DOT identifies Valley Federal Savings & Loan Association ("Valley") as the lender and beneficiary, All Valley Financial Corporation as the trustee, and Plaintiff as the borrower.

2.)

In July 1991, an assignment of the Deed of

Objections: 3, 4, 5, 11, 12
2.)(a)

Trust was recorded transferring the note and the beneficial rights under the Deed of Trust to Federal National Mortgage Insurance (FNMA). Plaintiffs FAC, page 6, paragraph 19; Assignment of Deed of Trust, RFJN, Exhibit B.

An Assignment of Deed of Trust for the

Subject Loan was recorded on or about July 29, 1991, with the Contra Costa County Recorders Office as instrument number 91-150118 and assigned all interest under the DOT from Valley to Federal National Mortgage Association, including that of Trustee. (b) The Assignment was executed on October 7, 1988 and was effective as of the filing date CCP 2934 (c) Pool # 066627 is depicted on the cover sheet of the assignment (d) The Subject Loan is depicted with 2 different loan numbers on the Attachment A (e) Multiple loans are depicted on the Attachment A (f) Bowest Corp, a loan servicing subsidiary of Bank of the West, is depicted as the entity filing the assignment

Page 1 of 7

Opposition to MSJ by Quality Loan Svc Stmt Undisputed Facts / Objections

Perry v JP Morgan Chase et al

3.)(a)

CASE NUMBER: MSC10-02914

3.)(a)

On October 23, 2008, FNMA executed a

Limited Power of Attorney, making McCarthy & Holthus, LLP its true and lawful Attorney-inFact, and in its name, place and stead and for its use and benefits, to do all things, and execute all documents, necessary and appropriate to conduct, or vacate, foreclosure proceedings in the State of California. - Limited Power of Attorney, RFJN, Exhibit C

(b) On July 9, 2009, FNMA executed a Limited Power of Attorney, making JPMorgan Chase Bank National Association its true and lawful Attorney-in-Fact, and in its name, place and stead and for its use and benefits, to do all things, and execute, endorse, and acknowledge all documents customarily and reasonable necessary and appropriate for: with specific powers following.
4.)(a)

On January 27, 2010, Plaintiff sent a letter

to Chase requesting a beneficiary statement, a copy of the Deed of Trust, and a copy of the Promissory Note on the Loan under authority of California Civ. Code 2943. (g) An acknowledgement of the letter was sent to the Plaintiff on March 5, 2010 - Sierra Decl. 7; Perry Deposition, p. 25:23-26:22, and Exhibit 2 (h) On March 11, 2010, Chase Home Finance replied to the January request stating our record center does not have the requested document available on paper, microfiche, or image. No copy of the promissory note was attached.
5.)(a)

Plaintiff asked for a loan modification,

Objection: Irrelevant
5.)(a)

received an application but never signed it or returned the application - Deposition Transcript of Leighton Perry, page 30, lines 6-17, Exhibit 1 to Declaration of Charles E. Bell.

Plaintiff requested an application for a

loan modification ibid (b) Defendant JP Morgan enrolled Plaintiff in a loan modification program for which he did not request nor affirm with his signature.

Page 2 of 7

Opposition to MSJ by Quality Loan Svc Stmt Undisputed Facts / Objections

Perry v JP Morgan Chase et al

6.)(a)

CASE NUMBER: MSC10-02914 Objection: Irrelevant

6.)(a)

PLAINTIFF elected to stop making

payments due on his loan in 2010 - Plaintiffs FAC, Page 6, paragraph 23; Deposition Transcript of Leighton Perry, page 11, lines 10-12, and page 40, lines 21-23 (b) Plaintiff claims that he stopped paying the parties herein because he was not sure if they were the proper parties (c) but acknowledges that he has not paid the correct parties either or knows who they are Deposition Transcript of Leighton Perry, page 41, lines 8-18, Exhibit 1 to Declaration of Charles E. Bell.

Plaintiff refused to affirm an illegitimate

debt. PLAINTIFF determined it was necessary to stop making payments to Defendants after the 21 days allowed under Cal Civ Code 2943 had elapsed without substantial compliance in order not to affirm an illegitimate debt - deposition Transcript of Leighton Perry, page 11, lines 2-7, Exhibit 1 to Declaration of Charles E. Bell. (b) QLS states that Plaintiff hasnt paid the right people - Deposition Transcript of Leighton Perry, page 41, line 14, Exhibit 1 to Declaration of Charles E. Bell (c) QLS referrals to the correct parties are irrelevant and without foundation - Deposition Transcript of Leighton Perry, page 41, line 15, Exhibit 1 to Declaration of Charles E. Bell.

7.)(a)

Plaintiff acknowledged that he had an

Objection: misleading the witness, irrelevant

7.)(a)

obligation to make mortgage payments to the property [sic] beneficiary under the Deed of Trust - Deposition Transcript of Leighton Perry, page 18, lines 3-6, Exhibit 1 to Declaration of Charles E. Bell. (b) Plaintiff acknowledged that he has not paid off his debt - Deposition Transcript of Leighton Perry, page 42, lines 16-18, Exhibit 1 to Declaration of Charles E. Bell. (c) Plaintiff has no proof that his debt was paid off by insurance as his complaint alleges

Subject, among other things, to

prepayment of the loan - Deposition Transcript of Leighton Perry, page 18, line 6, Exhibit 1 to Declaration of Charles E. Bell. (b) Plaintiff was eligible to pay off the Subject Loan with a reverse mortgage Plaintiffs FAC Pg6 22; Deposition

Transcript of Leighton Perry, page 18, line 17 18, Exhibit 1 to Declaration of Charles E. Bell. (c) Court is withholding discovery decision that may allow further discovery to lead to facts requested

Page 3 of 7

Opposition to MSJ by Quality Loan Svc Stmt Undisputed Facts / Objections

Perry v JP Morgan Chase et al - Deposition Transcript of Leighton Perry, page 73, lines 22-24, Exhibit 1 to Declaration of Charles E. Bell.
8.) 8.)(a)

CASE NUMBER: MSC10-02914

QLS received a Referral For Non-Judicial

Foreclosure from LPS naming Defendant JP Morgan as the Beneficiary and Defendant Fannie Mae as the Investor
9.)

A Notice of Default and Election to Sell

Objections: 7, 14
9.)(a)

under the Deed of Trust was executed by the agent for the beneficiary and recorded - Plaintiffs FAC, Page 7, paragraph 26; Notice of Default, RFJN, Exhibit E .

On June 15, 2010, a Notice of Default and

Election to Sell under the Deed of Trust was executed by parties unknown to the original promissory note or recorded with the County Recorder. the beneficiary is the name of a TV show in 1997. (b) QLS states LSI Title acted as their agent. QLS states participation in no other agency relationships in their SET ONE Production of Documents, Special Interrogatories, Form Interrogatories, or Admissions (c) The language of the Notice did not conform to the language required in the contract. (d) The court has already ruled the Notice of Default is void. Plaintiffs FAC, Page 6, paragraph 23 and page 7, paragraph 26; Notice of Default, RFJN, Exhibit E; Deposition Transcript of Leighton Perry, page 11, lines 10-12, and page 40, lines 21-23, Exhibit 1 to Declaration of Charles E. Bell. (e) QLS was aware that two beneficiaries claimed beneficiary interest of the Subject Loan

Page 4 of 7

Opposition to MSJ by Quality Loan Svc Stmt Undisputed Facts / Objections

Perry v JP Morgan Chase et al

CASE NUMBER: MSC10-02914 on the day the notice was filed and conceals this fact by substituting the beneficiary in place of the identity of the beneficiary who held the powers of election to sell and initiate non-judicial foreclosure.

10.)

Plaintiff received a substantive response to

Objection: Irrelevant A letter dated August 24 from Chase Home Loan with a copy to the OCC was received by Plaintiff that contained a copy of the promissory note and a copy of the Deed of Trust.

his QWR letter - Deposition Transcript of Leighton Perry, page 13, lines 22-24, Exhibit 1 to Declaration of Charles E. Bell.

11.)

On August 25, 2010, an Assignment of

Objection: 6, 13 The assignment was signed by Tim Bargenquast, an employee of QLS at the time, as Assistant Vice President of McCarthy & Holthus Admission #?? SET ONE of QLS.

Deed of Trust was executed by FNMA, through its Attorney-in-Fact, McCarthy & Holthus, LLP, and recorded on August 30, 2010 in the Contra Costa County Recorders Office as Document Number 10-181567 - Plaintiffs FAC, Page 7, paragraph 28; Assignment of Deed of Trust, RFJN, Exhibit D.
12.)

On September 16, 2010, JPMORGAN

11.)

QLS acknowledged the substitution by

replaced the original Trustee and named QUALITY as the new Trustee under the Deed, which was then recorded - Plaintiffs FAC, Page 8, paragraph 31; Substitution of Trustee, RFJN, Exhibit F.

having LSI Title Company file the Substitution with the County Recorder. The execution date was September 16, 2010. A copy was mailed to Plaintiff by Jessica Kim, representing herself as an employee of Quality Loan Service Corp., an agent for the beneficiary.

12.)

On September 28, 2010, QUALITY

recorded a Notice of Sale against the Subject Property - Plaintiffs FAC, Page 8, paragraphs 30 and 32; Notice of Sale, RFJN, Exhibit F.
13.)(a) Plaintiff has not worked in 10 years and

Objection: relevance

filed bankruptcy in 2010, although it was dismissed - Deposition Transcript of Leighton

Page 5 of 7

Opposition to MSJ by Quality Loan Svc Stmt Undisputed Facts / Objections

Perry v JP Morgan Chase et al Perry, page 35, lines 8-9, and page 46, lines 16-18, Exhibit 1 to Declaration of Charles E. Bell. (b) Plaintiff filed bankruptcy in November of 2010 but the case was dismissed - Deposition Transcript of Leighton Perry, page 46, lines 1-25 through page 47, line 1, Exhibit 1 to Declaration of Charles E. Bell.
14.)(a) At a Case Management Conference of

CASE NUMBER: MSC10-02914

Objections: 8
14.)(a) Documents presented without objection at

June 22, 2011, Defendants counsel provided Plaintiff an unverified copy of his promissory note, stated they had physical possession of Plaintiffs promissory note and invited him to examine it at their officesPlaintiff declined to examine the original promissory note. - Plaintiffs FAC, Page 8, paragraph 33; Deposition Transcript of Leighton Perry, page 59, lines 12-14, Exhibit 1 to Declaration of Charles E. Bell. (b) Plaintiff has no evidence that the original note was destroyed during the securitization process as his complaint alleges - Deposition Transcript of Leighton Perry, page 72, lines 17-23, Exhibit 1 to Declaration of Charles E. Bell.

that hearing show Plaintiff attempted to arrange for a document examiner at his expense and was told in a response to his confirming email that only he could examine the note at that time and no document examiner would be allowed. - I did not confirm and I am not a document expert and there is no corroborating evidence that that is the original note. Thats my objection Deposition Transcript of Leighton Perry, page 59, lines 21-23 (b) Letter of March 11, 2010 stating document requested not available in paper or image format. Discovery subsequent to Deposition that FNMA admits they have no records they received a note or a bailee agreement from original lender, nor transferred a note or a bailee agreement to JP Morgan.

15.)(a) At PLAINTIFFS deposition on October 2,

Objections: 8, 9
15.)(a) Charles Bell declaration is hearsay as

2012, counsel for Chase and FNMA presented PLAINTIFF with a copy of the original Note and Deed of Trust (b) and acknowledged his signatures -

James Hester was present at the deposition. (b) Did not acknowledge but objected that Plaintiffs signature appeared to be his, but ink

Page 6 of 7

Opposition to MSJ by Quality Loan Svc Stmt Undisputed Facts / Objections

Perry v JP Morgan Chase et al Declaration of Charles E. Bell, page 1, line 26 to page 2, line 2; Deposition transcript of Plaintiff, Exhibit 1 to Declaration of Charles E. Bell, page 16, lines 1-28, and page 81, line 23 to page 82, lines 1-3; Exhibits 2 and three to Declaration of Charles E. Bell. (c) Plaintiff testified that only the original beneficiary can foreclose even though it is no longer in business - Deposition Transcript of Leighton Perry, page 79, lines 9-19, Exhibit 1 to Declaration of Charles E. Bell..

CASE NUMBER: MSC10-02914 looked funny and signature too even, as if from a copy machine (c) Argumentative deposition clouds Plaintiffs point that he had no answer, only that a possibility existed

Dated: May 1, 2013 ___________________ LEIGHTON LEE PERRY Plaintiff pro se

Page 7 of 6

Opposition to MSJ by Quality Loan Svc Stmt Undisputed Facts / Objections