Federal National Mortgage Assn. v. Bhandari CA4/3

Filed 1/4/16 Federal National Mortgage Assn. v. Bhandari CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

FEDERAL NATIONAL MORTGAGE ASSOCIATION, G050618 Plaintiff and Respondent, (Super. Ct. No. 30-2013-00649582) v. OPINION AMRIT BHANDARI,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Franz E. Miller, Judge. Affirmed. Amrit Bhandari, in pro. per., for Defendant and Appellant. RCO Legal and Jason A. Savlov for Plaintiff and Respondent. * * *

Defendant Amrit Bhandari appeals from a judgment against him and his wife, Sheela Bhandari, in favor of plaintiff Federal National Mortgage Association. The judgment stated plaintiff had standing to sue defendant and his wife and also cancelled two documents the court found were interfering with plaintiff’s right to foreclose on real property owned by defendant and his wife. Defendant argues neither plaintiff, nor the original plaintiff in the action, JPMorgan Chase Bank, National Association (JPMorgan) had standing to pursue this action. He also claims plaintiff was not properly substituted as a party into the case. Finally, he maintains the court erred in denying his motion to dismiss the action. Finding no error, we affirm. FACTS AND PROCEDURAL HISTORY In 1987 defendant and his wife borrowed $279,000 (Loan) from Home Savings of America, F.A. to purchase real property in Irvine (Property). They executed a promissory note (Note) secured by a deed of trust (Deed of Trust). Prior to October 2012, Home Savings of America, F.A. merged with and was acquired by Washington Mutual Bank, F.A., which later went into receivership, with the Federal Deposit Insurance Corporation (FDIC) acting as receiver. In October 2012 the FDIC assigned the interest in the Deed of Trust to JPMorgan. In January 2011, defendant and his wife defaulted on the Loan. They have not made a payment since December 2010. As of the date of trial the amount in arrears was almost $66,000 and the payoff was just over $217,000. In May 2011 defendant and his wife executed and recorded a UCC Financing Statement that purported to offset the Loan in the amount of $175,193.72. In October 2011, defendant and his wife executed and recorded a document titled Notice of Intent to Preserve an Interest that purported to cancel the Deed of Trust. (These two documents are collectively referred to as the “Documents.) JPMorgan did not authorize either an offset or cancellation.