Orange, CA asked in Bankruptcy for California

Q: Can a plaintiff's name just be changed in a court pleading without filing anything official with the court?

Specifically, in a quiet title action, plaintiff COUNTRYWIDE HOME LOANS, Inc. suddenly became BANK OF AMERICA, N.A. (successor by merger to COUNTRYWIDE BANK, N.A.) in a response to a Motion to Quash . . . what should/can be done about this?

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1 Lawyer Answer
Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal
  • Bankruptcy Lawyer
  • Pasadena, CA

A: Although most of the time the answer to your question would probably be "NO", you are dealing with an unusual situation. Because Bank of America purchased all of the assets of Countrywide as part of a regulated FDIC transaction, Federal Law allows Bank of America to step into the shoes of Countrywide. There are a number of unusual provisions which apply in this sort of Federal takeover, and the ability to substitute in as the real party in interest is one of them. So in this case: yes.

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