Munoz

FACTS

A. Appellant’s Allegations and Request for Judicial Notice: The following allegations are taken from appellant’s first amended complaint. The document descriptions, where indicated, are taken from the documents attached to appellant’s request for judicial notice, filed in the trial court. On or about June 8, 2007, appellant signed a promissory note and deed of trust in favor of Home Loan Funding, Inc., and Mortgage Electronic Registration Systems, Inc. (MERS) was designated as both the “nominee” and the beneficiary of the deed of trust. A copy of the deed of trust dated June 7, 2007, securing a promissory note in the amount of $602,400, was attached to appellant’s request for judicial notice. It identified Home Loan Funding, Inc. as the lender, MERS as both the lender’s nominee and the beneficiary, and Fidelity National Title Company as the trustee. According to appellant, around the time he got the loan, Home Loan Funding, Inc. “attempted to securitize and sell his loan to another entity[,]” but “[t]hat entity was not Deutsche Bank . . . .” (Boldface and italics omitted.)

The pleadings, judgment, and loan documentation at issue in this case refer to…