DFT- Newrez LLC Motion for Summary Judgment and/or Adjudication
The motion by defendants NewRez LLC fka New Penn Financial LLC dba Shellpoint Mortgage Servicing (“Shellpoint”) and The Bank of New York Mellon fka The Bank of New York as trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-41 Mortgage Pass-Through Certificates, Series 2005-41 (“BONY,” together with Shellpoint, the “Defendants”), for summary judgment, or in the alternative, summary adjudication, is granted.
Plaintiff Wasfy W. Shindy, Trustee of the Wasfy W. Shindy Living Trust (“Plaintiff”), was the owner of real property commonly known as 16070 Mariner Dr. #2, Huntington Beach, CA 92649. The property was subject to a loan from Countrywide Home Loans, Inc. (SUF 1.) MERS was identified as the beneficiary on the Deed of Trust securing the loan. On 11/16/10, a “Corporate Assignment Deed of Trust” was recorded on the property. Under the assignment, MERS transferred its beneficial interest under the D