Syed Ahmed v. Bank of America N.A.

I. Background

A. Facts The following facts are drawn from Plaintiff’s Third Amended Complaint (“TAC”) (Dkt. 14). This action concerns the property at 37 Hedgerow in Irvine, California (the “Property”), which Plaintiff claims to own. TAC ¶ 1. As of September 2013, Plaintiff had two deeds of trust on the Property: one with Defendant NewRez LLC (doing business as Shellpoint Mortgage Servicing), and one with Defendant Bank of New

CIVIL MINUTES – GENERAL

Case No. SA CV 19-2027-DOC-JDE Date: February 24, 2020 Page 2

York Mellon (“BNYM”). Id. ¶ 10-11. Plaintiff was current in his payments to Defendant Shellpoint, but in default with respect to Defendant BNYM; although Plaintiff was in loan modification review, a foreclosure sale was scheduled for September 3, 2013. Id. ¶ 11. Plaintiff was informed by a Bank of America representative (the servicer representing Defendant BNYM) that the foreclosure sale would be postponed pending loan modification review, but when it became apparent to Plaintiff that the sale would proceed, Plaintiff filed for bankruptcy to forestall the sale. Id. ¶¶ 12-13. Nevertheless, Defendant BNYM foreclosed on the Property on September 3,…