IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT, DIVISION THREE

LEIGHTON LEE PERRY Plaintiff and Appellant, v.

FEDERAL NATIONAL MORTGAGE ASSOCIATION, JP MORGAN CHASE BANK NA, QUALITY LOAN SERVICE CORP,

Court of Appeal No. A139655

(Super. Ct. No. MSC10-02914)

Defendants and Respondents.

Appeal From a Judgment Of The Superior Court, County of CONTRA COSTA Hon. Laurel S. Brady, Judge _________________________________________ REPLY TO OPPOSITION BY JP MORGAN CHASE BANK NA AND FEDERAL NATIONAL MORTGAGE ASSOCIATION TO APPELLANT MOTION FOR FINDINGS _________________________________________
Leighton Lee Perry 6724 Waverly Rd, Martinez, CA (925) 949-8377 LL_Perry@att.net Appellant Self-Represented

Appellants Reply to Opposition to Motion for Findings

MEMORANDUM OF POINTS AND AUTHORITIES

IN REPLY TO OPPOSITION TO MOTION FOR FINDINGS ------------------------------------------------Appellant properly cited the rules of court allowing the Court to make findings on evidence on emergent matters that may affect this action. Respondents JPMORGAN CHASE BANK, N.A. (JPM) and FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA) (collectively, Respondents) raise the objection of applicability. Appellant made the request in order not to forfeit his litigation rights for review in the event this court may consider the evidence holds sufficient stature to order the trial court to enter judgment for the Appellant with only a trialable issue of damages awarded to Appellant remaining. If this court somehow concludes the special endorsement on the alleged promissory note is not dispositive of Respondents standing as a party to the subject loan, then the element of third party payments arise as evidenced by the California DOJs announcement1 subject to this motion.
Appellant invited Respondents to provide common business

documents evidencing a fiscal trail of their loss due to a failure to receive payments from Appellant, to which Respondents objected, and the trial court disallowed compulsion of such documents.
Per Calvo v. HSBC deed of trust loans do not have to be recorded in

order to foreclose non-judicially. The special endorsement to Federal Home Loan Bank is an indication of such an unrecorded transfer.

Respondents provide only a partial chain of evidence of beneficiary

Agreement and announcement was made subsequent to filing of Appellants opening brief
1

Appellants Reply to Opposition to Motion for Findings Page 1 of 2

interest by recorded transfers which excludes the unrecorded assignment above.

Appellant pointed out the pool number on the alleged assignment to

FNMA indicating the subject loan was intended to be securitized.

Whether the subject loan is in one of the pools comprising the

mortgage backed securities in the CalPERS retirement portfolio is uncertain because no schedule of loans affected by the third party payment of JPM as a penalty is available as a result of the settlement. It is therefore uncertain that any default exists against the subject loan, or any balance, for that matter, given the lack of common business accounting records provided by Respondents. Under such circumstances it may be proper for this Court to consider this is an appropriate, albeit rare, application of Code of Civil Procedure 909. SUMMARY For the reasons stated above, Appellant requests that this Court take judicial notice and or make findings of the third party payments subject to this motion. In the event Appellants request for findings under CCP 909 is denied, Appellant would like his requests for oral arguments and tentative ruling to survive and be honored by this Court since Respondents present no specific opposition to them. Respectfully submitted, DATED: April 1, 2014 ______________________ Leighton Lee Perry, Appellant
Appellants Reply to Opposition to Motion for Findings Page 2 of 2