Today the Estavillo Law Group was successful in defeating Bank of America and HSBC Bank in their Motion for Summary Judgement or in the Alternative Summary Adjudication in San Francisco Superior Court.
The Court held in our client’s favor on all of the causes of action: Cancellation of Instruments, Violations of Business and Professions Code Sec. 17200, et seq. Declaratory Relief and Breach of Contract. The Court held that Bank of America and HSBC “failed to show that the beneficial interest in the Note and Deed of Trust was ‘transferred’ to Countrywide Financial.”
Defendants tried to prove the “transfer” of the loan through a third party letter but the court held that the letter wasn’t admissible evidence. But even if it was “it does not show that Countrywide Financial ever ‘accepted’ it or even paid the purchased 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.
Defendants failed to prevail on any of Plaintiff’s causes of action and the Estavillo Law Group, PC will now be preparing for trial in early 2017.
