Bank of America v. Copeland CA2/3

INTRODUCTION

Defendant Bruce Dwain Copeland appeals the trial court’s denial of his motion to set aside default judgment, which was entered in favor of Plaintiff-in-intervention Bank of America N.A. (Bank of America), successor by merger to BAC Home Loans Servicing LP formerly known as Countrywide Home Loans Servicing LP. Copeland filed one answer in this case, which was stricken by the trial court for lack of standing. Copeland failed to file any other responsive pleading. We affirm the court’s denial of the motion to set aside because Bank of America adhered to Code of Civil Procedure1 section 587 in requesting default and Copeland fails to satisfy Code of Civil Procedure 473.5 to set aside the default.

FACTS AND PROCEDURAL BACKGROUND

Copeland filed for Chapter 11 bankruptcy. While his bankruptcy case was pending, Countrywide Home Loans made a loan to Copeland and his wife, secured by a deed of trust against the property at issue in this case. Copeland’s wife subsequently purchased the property from the bankruptcy estate and then transferred the property to R&R Real Estate Trust, Inc. In March of 2010, Marc Shapiro, one of Copeland’s judgment lien creditors, sued Copeland and…