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Case 1:10-cv-11621-PBS Document 115 Filed 10/30/12 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS JODI B. MATT, Plaintiff, v. HSBC BANK USA, N.A., et al., Defendants. CERTAIN DEFENDANTS MOTION FOR SUMMARY JUDGMENT Pursuant to Federal Rule of Civil Procedure 56 and Local Rule 56.1, Defendants Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP (Bank of America), HSBC Bank USA, N.A. (HSBC), HSBC Bank USA, N.A., on Behalf of the Trust Fund and for the Benefit of ACE Securities Corp. Home Equity Loan Trust Series 2005-HE4 Asset Backed Pass Through Certificates (HSBC as Trustee), Countrywide Securities Corporation (Countrywide), Wells Fargo Bank, N.A. (Wells Fargo) and ACE Securities Corp. (ACE) (collectively, the Moving Defendants) hereby move this Court to grant summary judgment in their favor, against all of Plaintiff Jodi B. Matts claims (Plaintiff). As set forth in the accompanying Memorandum of Law, there are no genuine issues of material fact, and the Moving Defendants are entitled to judgment in their favor. WHEREFORE, the Moving Defendants request that judgment be entered in their favor, and against Plaintiff. REQUEST FOR ORAL ARGUMENT The Moving Defendants believe that oral argument will assist the Court to decide the issues raised by this motion, and therefore respectfully request oral argument pursuant to L.R. Civil Action No. 1:10-cv-11621-PBS

LIBA/2338582.1

Case 1:10-cv-11621-PBS Document 115 Filed 10/30/12 Page 2 of 2

7.1(D).

Dated: October 30, 2012

Respectfully submitted, BANK OF AMERICA, N.A., HSBC BANK USA, N.A., HSBC AS TRUSTEE, COUNTRYWIDE SECURITIES CORPORATION, WELLS FARGO BANK, N.A. AND ACE SECURITIES CORP., By their attorneys, /s/ Courtney Benson Courtney L. Benson (BBO# 675679) Chad W. Higgins (BBO# 668924) GOODWIN PROCTER LLP Exchange Place 53 State Street Boston, MA 02109 Tel. 617-570-1000 Fax. 617-523-1231 courtneybenson@goodwinprocter.com chiggins@goodwinprocter.com

LOCAL RULE 7.1(A)(2) CERTIFICATE AND CERTIFICATE OF SERVICE I certify pursuant to Local Rule 7.1(A)(2) that the Moving Defendants have in good faith conferred with counsel for Plaintiff, but that the parties were unable to resolve or narrow the relief sought in this motion. I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on October 30, 2012.

/s/ Courtney Benson