THOMAS A. GLASKI, Plaintiff and Appellant,
BANK OF AMERICA, NATIONAL ASSOCIATION et al. Defendants and Respondents.
CERTIFIED FOR PUBLICATION
Creation of the WaMu Securitized Trust
WaMu's Failure and Transfers of the Loan
Notice of Default and Sale of the Property
(1) Fraud against JPMorgan and California Reconveyance for the alleged forged signatures of Deborah Brignac as vice president for California Reconveyance and then as vice president of JPMorgan;
(2) Fraud against all defendants for their failure to timely and properly transfer the Glaski loan to the WaMu Securitized Trust and their representations to the contrary;
(3) Quiet title against Bank of America, Chase, and California Reconveyance based on the broken chain of title caused by the defective transfer of the loan to the WaMu Securitized Trust;
(4) Wrongful foreclosure against all defendants, based on the forged signatures of Deborah Brignac and the failure to timely and properly transfer the Glaski loan to the WaMu Securitized Trust;
(5) Declaratory relief against all defendants, based on the above acts by defendants;
(8) Cancellation of various foreclosure documents against all defendants, based on the above acts by the defendants; and
(9) Unfair practices under California Business and Professions Code section 17200, et seq., against all defendants.
I. STANDARD OF REVIEW
A. Rules for Pleading Fraud
B. First Cause of Action for Fraud, Lack of Specific Allegations of Reliance
C. Second Fraud Cause of Action, Lack of Specific Allegations of Reliance
III. WRONGFUL FORECLOSURE BY NONHOLDER OF THE DEED OF TRUST
A. Glaski's Theory of Wrongful Foreclosure
B. Wrongful Foreclosure by a Nonholder of the Deed of Trust
C. Borrower's Standing to Raise a Defect in an Assignment
"Where an assignment is merely voidable at the election of the assignor, third parties, and particularly the obligor, cannot ... successfully challenge the validity or effectiveness of the transfer." (7 Cal.Jur.3d (2012) Assignments, § 43.)
D. Voidness of a Post-Closing Date Transfers to a Securitized Trust
E. Application of Gomes
"In Gomes, the California Court of Appeal held that a plaintiff does not have a right to bring an action to determine the nominee's authorization to proceed with a nonjudicial foreclosure on behalf of a noteholder. [Citation.] The nominee in Gomes was MERS. [Citation.] Here, Plaintiff is not seeking such a determination. The role of the nominee is not central to this action as it was in Gomes. Rather, Plaintiff alleges that the transfer of rights to the WAMU Trust is improper, thus Defendants consequently lack the legal right to either collect on the debt or enforce the underlying security interest." (Naranjo, supra, 2012 WL 3030370, at p. *3.)
G. Remedy of Setting Aside Trustee's Sale
H. Causes of Action Stated
IV. JUDICIAL NOTICE
A. Glaski's Request for Judicial Notice
B. Defendants' Request for Judicial Notice of Assignment
ORDER GRANTING REQUEST FOR PUBLICATION
 Another possibility, which was acknowledged by both sides at oral argument, is that the true holder of the note and deed of trust cannot be determined at this stage of the proceedings. This lack of certainty regarding who holds the deed of trust is not uncommon when a securitized trust is involved. (See Mortgage and Asset Backed Securities Litigation Handbook (2012) § 5:114 [often difficult for securitized trust to prove ownership by showing a chain of assignments of the loan from the originating lender].)
 It appears this company is no longer a separate entity. The certificate of interested entities filed with the respondents' brief refers to "JPMorgan Chase Bank, N.A. as successor by merger to Chase Home Finance, LLC."
 One controversy presented by this appeal is whether this court should consider the December 9, 2008, assignment of deed of trust, which is not an exhibit to the SAC. Because the trial court took judicial notice of the existence and recordation of the assignment earlier in the litigation, we too will consider the assignment, but will not presume the matters stated therein are true. (See pt. IV.B, post.) For instance, we will not assume that JP Morgan actually held any interests that it could assign to LaSalle Bank. (See Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375[taking judicial notice of a recorded assignment does not establish assignee's ownership of deed of trust].)
 Specifically, the notice stated that his August 2008 installment payment and all subsequent installment payments had not been made.
 The trial court did not explicitly rule on defendants' request for judicial notice of these documents, but referred to matters set forth in these documents in its ruling. Therefore, for purposes of this appeal, we will infer that the trial court granted the request.
 The claim that a foreclosure was conducted by or at the direction of a nonholder of mortgage rights often arises where the mortgage has been securitized. (Buchwalter, Cause of Action in Tort for Wrongful Foreclosure of Residential Mortgage, 52 Causes of Action Second (2012) 119, 149 [§ 11 addresses foreclosure by a nonholder of mortgage rights].)
 This allegation comports with the following view of pooling and servicing agreements and the federal tax code provisions applicable to REMIC trusts. "Once the bundled mortgages are given to a depositor, the [pooling and servicing agreement] and IRS tax code provisions require that the mortgages be transferred to the trust within a certain time frame, usually ninety dates from the date the trust is created. After such time, the trust closes and any subsequent transfers are invalid. The reason for this is purely economic for the trust. If the mortgages are properly transferred within the ninety-day open period, and then the trust properly closes, the trust is allowed to maintain REMIC tax status." (Deconstructing Securitized Trusts, supra, 41 Stetson L.Rev. at pp. 757-758.)
 "Although we may not rely on unpublished California cases, the California Rules of Court do not prohibit citation to unpublished federal cases, which may properly be cited as persuasive, although not binding, authority." (Landmark Screens, LLC v. Morgan, Lewis & Bockius, LLP (2010) 183 Cal.App.4th 238, 251, fn. 6, citing Cal. Rules of Court, rule 8.1115.)