October 7, 2016
Today, FDN network attorney Jason Estavillo, Esq. was successful in defeating Bank of America and HSBC Bank on their Motion for Summary Judgment or in the Alternative Summary Adjudication in San Francisco Superior Court. Mr. Estavillo represents the homeowners.
The court denied BOA’s and HSBC’s MSJ as to all counts of the homeowners’ Complaint, sounding in Cancellation of Instruments, Violations of Business and Professions Code Sec. 17200 et seq., Declaratory Relief, and Breach of Contract. The Court held that BOA and HSBC “failed to show that the beneficial interest in the Note and Deed of Trust were “transferred” to Countrywide Financial.”
BOA and HSBC attempted to prove the alleged “transfer” of the loan through a third party letter, but the court held that the letter was not admissible evidence and even if it was, “it does not show that Countrywide Financial ever “accepted” it or even paid the purchase price. Additionally, no evidence is presented to show a connection between Countrywide Financial and Bank of America, N.A. as successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP.”
Summary Judgment was denied as to all causes of action. The case now proceeds to trial.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com