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Gillies v. JPMorgan Chase Bank, N.A.

California Court of Appeals, Second District, Sixth Division

January 24, 2017

DOUGLAS GILLIES, Plaintiff and Appellant,
v.
JPMORGAN CHASE BANK, N.A., et al., Defendants and Respondents

          Superior Court of Santa Barbara County, No. 15CV04560, Thomas Pearce Anderle, Judge.

Page 908

[Copyrighted Material Omitted]

Page 909

         Douglas Gillies, pro. per., for Plaintiff and Appellant.

         Bryan Cave, Richard C. Ochoa and Alfred Shaumyan for Defendant and Respondent JPMorgan Chase Bank, N.A.

         Burke, Williams & Sorensen, Richard J. Reynolds and Joseph P. Buchman for Defendant and Respondent MTC Financial Inc., doing business as Trustee Corps.

         Yegan, Acting P. J., with Perren and Tangeman, JJ., concurring.

          OPINION

          [213 Cal.Rptr.3d 212] YEGAN, Acting P. J.

          " The purpose of the law of contracts is to protect the reasonable expectations of the parties." ( Ben-Zvi v. Edmar Co. (1995) 40 Cal.App.4th 468, 475 [47 Cal.Rptr.2d 12].) This principle applies to the law of " mortgages." A person who borrows money from a bank to purchase or refinance a home has a reasonable expectation that the bank will fund the loan. The bank has a reasonable expectation that monthly mortgage payments will be made. Here, appellant's reasonable expectations were met. The bank's were not. Nonpayment of the mortgage for approximately eight years while the borrower remains in possession is an egregious abuse. Respondent argued, and the trial court agreed, that appellant is " gaming the system." The game is over.

Page 910

         Douglas Gillies, an attorney, appeals a judgment of dismissal entered after the trial court sustained the demurrer of JPMorgan Chase Bank, N.A. (Chase), without leave to amend. We affirm.

         FACTUAL AND PROCEDURAL HISTORY

         This lawsuit is the fourth in a series brought by Gillies since 2009 challenging Chase's efforts to foreclose upon his real property. The four lawsuits concern similar allegations of claimed wrongful foreclosure procedures and Chase's standing to foreclose. They each sought to vindicate the same primary right. ( Post, at p. 914 et seq.)

         In 1992, Gillies acquired residential property at 3756 Torino Drive in Santa [213 Cal.Rptr.3d 213] Barbara. On August 12, 2003, he obtained a $500,000 loan from Washington Mutual Bank, FA (WaMu), and executed an adjustable interest rate promissory note in favor of WaMu. A deed of trust was recorded to secure the loan.

         On September 25, 2008, the Federal Deposit Insurance Corporation, as receiver for WaMu, and Chase entered into a purchase and assumption agreement (Agreement). Paragraph 3.1 of the Agreement provides that Chase purchased " all right, title, and interest of the Receiver in and to all of the assets" of WaMu. The Agreement also states that Chase " specifically purchases all mortgage servicing rights and obligations of [WaMu]."

         In May 2009, Gillies defaulted on the loan. California Reconveyance Company (CRC), as trustee, recorded a notice of default on August 13, 2009, and a notice of trustee's sale on November 18, 2009. Prior to the scheduled foreclosure sale, Gillies filed a complaint in the trial court against CRC and Chase, alleging that the notice of default was not recorded, that it was not filed in compliance with Civil Code section 2923.5, and that CRC and Chase did not properly record the notice of sale.[1] CRC and Chase demurred to the complaint and the trial court sustained the demurrer without leave to amend. ...


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