(PS) Miller v. JPMorgan Chase Bank, N.A.

I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND1

15 In November 2007, Plaintiff borrowed $440,000.00 from 16 Washington Mutual Bank, FA (“WAMU”), secured by a Deed of Trust 17 (“DOT”), to finance his purchase of real property located at 305 18 Hilton Drive, Applegate, California (the “Property”). Compl. 19 ¶¶ 15, 103, ECF No. 1; Defendants’ Req. for Judicial Notice 20 (“RJN”), ECF No. 9, Ex. A. Plaintiff, however, contends that 21 WAMU was not the actual lender, despite being so named, rendering 22 the promissory note and DOT void. Compl. ¶ 15. Additionally, 23 Plaintiff alleges that the DOT is void because he could not have 24 conveyed any interest or title as security since he did not 25 receive the grant deed until the day after such purported

1 This motion was determined to be suitable for decision without oral argument. E.D. Cal. L.R. 230(g). The hearing was scheduled for April 20, 2021. transfer. Id. In August 2011, WAMU transferred its interest in the loan to JP Morgan Chase Bank, N.A. (“Chase”). Compl. ¶¶ 38-39. Plaintiff alleges that this assignment was void for a variety of reasons. Compl. ¶¶ 43-49. Plaintiff defaulted on his…