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LIBA/2338582.1

UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTS

JODI B. MATT,

Plaintiff,

v.

HSBC BANK USA, N.A., et al.,

Defendants.

Civil Action No. 1:10-cv-11621-PBS

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.

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7.1(D).

Dated: October 30, 2012 Respectfully submitted,

BANK OF AMERICA, N.A., HSBC BANKUSA, 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 02109Tel. 617-570-1000

Fax. 617-523-1231

courtneybenson@goodwinprocter.comchiggins@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

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