Iovino

INTRODUCTION

Plaintiff Gregory Iovino purchased property in Escondido in 2007 and entered a loan agreement with Washington Mutual Bank, FA (WaMu). After WaMu failed in 2008 and the Federal Deposit Insurance Corporation (FDIC) took over as receiver, it conveyed WaMu’s assets to JP Morgan Chase, N.A. (Chase). In 2019, Chase assigned the deed of trust to U.S. Bank, N.A. (US Bank), as trustee for Truman 2016 SC Title Trust. In 2020, Rushmore Management Services, LLC (Rushmore), acting as US Bank’s attorney in fact, sold the property at public foreclosure. In 2020, Iovino filed a verified complaint alleging wrongful foreclosure and violations of Civil Code sections 2924f and 3412 and the Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq), and he sought damages, an order to set aside the trustee sale, and a declaration quieting title. Among other things, he alleged that the transfers from WaMu to Chase and from Chase to US Bank were void. Chase demurred, and Iovino opposed the motion. The court granted that demurrer without leave to amend and entered judgment in favor of Chase. Iovino moved to vacate the judgment under Code of Civil Procedure sections 657 and 659, arguing…