Novak

FACTS AND PROCEDURAL HISTORY

According to the complaint, in 2006 plaintiff borrowed $400,000 from Countrywide Bank, N.A. (Countrywide). The obligation was evidenced by a promissory note (Note) secured by a deed of trust (Deed of Trust) on property in Riverside, California (Property). The Deed of Trust showed Mortgage Electronic Registration Systems, Inc. (MERS) as the lender’s nominee and beneficiary and ReconTrust Company, N.A. as the trustee. In November 2010 an Assignment of Deed of Trust (Assignment) was recorded. On its face it shows that MERS transferred all of its beneficial interest in the 1 Deed of Trust and the Note to BAC Home Loans Servicing, LP. It was signed on behalf of MERS by T. Sevillano, assistant secretary.

1 BofA is its successor by merger.

2 Sometime in 2011 an unnamed agent of plaintiff contacted BofA to seek a modification of plaintiff’s loan. The agent spoke to Bonnie Stannick, a customer service representative in BofA’s loss mitigation department. Stannick had been trained and knew of BofA’s loan modification procedures and was authorized to advise homeowners of the status of their modification applications. On November 17, Stannick told the agent…