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Title: Keith Winterbower, et al. v. Wells Fargo Bank

March 27, 2013

TITLE: KEITH WINTERBOWER, ET AL.
v.
WELLS FARGO BANK, N.A., ET AL.



The opinion of the court was delivered by: The Honorable David O. Carter, Judge

O

CIVIL MINUTES -- GENERAL

PRESENT: THE HONORABLE DAVID O. CARTER, JUDGE

Julie Barrera N/A Courtroom Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

None Present None Present

PROCEEDINGS: (IN CHAMBERS): ORDER DENYING PLAINTIFF'S

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Before the Court is Plaintiffs' Ex Parte Application for a Temporary Restraining Order ("Ex Parte") (Dkt. 11). After reviewing the application and opposition, the Court DENIES Plaintiff's Application.*fn1

I.Background

In 2006, Plaintiffs borrowed $525,000 from World Savings Bank, FSB. (World Savings, through name changes and mergers, is now part of Defendant Wells Fargo, N.A. ("Wells Fargo.")) The loan was memorialized by an adjustable rate note and secured by a deed of trust recorded against 2333 Colgate Drive, in Costa Mesa ("Property"). Ex Parte at Ex. A.

In 2011, Plaintiff fell behind on mortgage payments. Ex Parte at 4; Opp'n at 2 (identifying Steptember as the month of defaulting on the loan). A Notice of Default was recorded on December 7, 2011. Request for Judicial Notice Re: Mot. to Dismiss ("First RJN") (Dkt. 6) at Ex. G.*fn2 Defendant Regional Trustee Service Corporation ("Regional") is listed as the Trustee in the Notice of Default. Ex Parte at 4. On February 24, 2012, Regional recorded a substitution of trustee, by which it replaced the prior trustee called Golden West Savings Association Services Co. Request for Judicial Notice In Support of Opposition to Plaintiff's Ex Parte Application at Ex. 2. Regional recorded a Notice of Trustee's Sale on March 8, 2012

Plaintiffs defaulted on the loan in or around September 2011, so a notice of default was recorded in the Orange County Recorder's Office on December 7, 2011. (Document 6, Exh. G is a true and correct copy of the notice of default.)

On February 24, 2012, Regional Trustee Services Corporation ("Regional") recorded a substitution of trustee whereby it replaced Golden West Savings Association Services Co. ("Golden West") as trustee under the ...


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