Stiles

FACTS

The Fourth Amended Complaint In 2019, plaintiff filed the operative fourth amended complaint against defendants and BAC Home Loan Servicing, which is not a party to this appeal. The complaint alleged plaintiff purchased her home (the Property) in 2005, executing a promissory note (Note) and deed of trust (Deed of Trust) in the amount of $820,000. The Deed of Trust lists Countrywide Home Loans, Inc. (Countrywide) as the lender. According to the complaint, Countrywide transferred its interest in the loan to Bank of America in 2008. In 2009, Bank of America then allegedly sold its interest in the loan to Fannie Mae with BONY acting as the trustee in the sale. The complaint alleged plaintiff was unaware of these two transfers, which are central to this appeal. In 2011, Bank of America’s subsidiary, BAC Home Loan Servicing, and plaintiff entered into a loan modification agreement including a balloon payment for $482,398. The complaint alleged “Bank of America and BAC Home Loan Servicing had no legal authority to execute a loan modification as they no longer held title to the . . . Property, since it had already been fully paid off under a Purchase and Sale 1 All further…