Bank of America v. Wayne et al

Filing 39

ORDER granting 35 Motion to Substitute Party. Wilmington Savings Fund Society, FSB added. Bank of America, N.A. terminated. Signed by Chief Judge James C. Dever III on 2/13/2017. (Briggeman, N.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
CASE NO.: 5:16-CV-170

WILMINGTON SAVINGS FUND
SOCIETY, FSB, AS TRUSTEE OF
STANWICH MORTGAGE LOAN TRUST
A, as Successor in Interest to BANK OF
AMERICA, N.A.,
Plaintiff,

v.
HEATHER ANN WAYNE; ANY SPOUSE
OF HEATHER ANN WAYNE; ROBERT
MASSENGILL CONSTRUCTION, INC.;
THE POINTE AT FLOWERS PLANTATION
HOMEOWNERS ASSOCIATION, INC.;
NFG#2 FEDERAL CREDIT UNION;
UNITED STATES INTERNAL REVENUE
SERVICE,

ORDER ALLOWING CONSENT
MOTION TO SUBSTITUTE
ASSIGNEE AS PLAINTIFF

Defendants.

THIS CAUSE COMING BEFORE THE COURT on the Motion of Plaintiff Bank of
America, N.A. ("BANA"), and its successor in interest, assignee Wilmington Savings Fund
Society, FSB, as Trustee of Stanwich Mortgage Loan Trust A, a federal savings bank, ("WSFS"),
to Substitute WSFS as Plaintiff in this action; and
IT APPEARING TO THE COURT that the Defendants The Pointe at Flowers Plantation
Homeowners Association, Inc. and United Stated Internal Revenue Service (all other, remaining
Defendants having been defaulted) have consented to the substitution ofWSFS as Plaintiff; and
IT FURTHER APPEARING TO THE COURT that WSFS has acquired certain assets of
BANA, and, as part of that transaction, BANA transferred to WSFS all right title and interest in

the Note and Deed of Trust which are the subject of this action, along with all causes of action,
right, title, and interest in the claims in this litigation, and that pursuant to Rule 25 (c) of the Federal
Rules of Civil Procedure, WSFS is entitled to be substituted for BANA as Plaintiff in this action.
NOW THEREFORE IT IS HEREBY ORDERED, that Plaintiff BANA and WSFS's
Motion for Substitution of WSFS for BANA in this action is allowed, and henceforth, the case
caption in this action shall be amended to state that Wilmington Savings Fund Society, FSB, as
Trustee of Stanwich Mortgage Loan Trust A, is the Plaintiff.
SO ORDERED. This ___1.3_ day ofFebruary 2017.

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Chief United States District Judge

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