Simmons

Filed 8/8/14 Simmons v. Bank of America CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Placer) ----

WADE SIMMONS et al., C071445

Plaintiffs and Appellants, (Super. Ct. No. SCV0029696)

v.

BANK OF AMERICA et al.,

Defendants and Respondents.

Homeowners who defaulted on their home loan seek to abort foreclosure proceedings initiated by a substituted trustee, contending the notice of default is void because the bank failed to contact them to assess and explore alternatives to foreclosure as required by Civil Code section 2923.5 and defendants lack standing to foreclose since they are not the true beneficiaries under the deed of trust. Although we do not agree that defendants are without authority to foreclose under the deed…