Summary
In Ameriquest Mortgage Co. v. Savalle, No. 07-14574, 2009 U.S. Dist. LEXIS 69080 (E.D. Mich. Nov. 20, 2009) (unpublished), the defendant denied the validity of her signature on a notarized mortgage.
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NO. 07-14574.
November 20, 2009
OPINION AND ORDER GRANTING HOMECOMINGS FINANCIAL LLC'S MOTION TO AMEND ORDER
This matter is before the Court on Homecomings Financial LLC's Motion to Amend Order. After Homecomings filed its Motion to Amend, the Court issued a scheduling order setting October 14, 2009, as the deadline for filing a response. The Court informed the parties that this matter would be decided without oral argument. See E. D. Mich. LR 7.1(e)(2). No party has filed a response to the motion. For the reasons that follow, the Court GRANTS the motion.
Homecomings and Mortgage Electronic Registration Systems, Inc., filed a Motion for Summary Judgment against Anthony and Debra Savalle, which challenged the enforceability of an adjustable rate note signed by Anthony Savalle and a mortgage signed by both Anthony and Debra Savalle. The Court denied the motion. See Doc. No. 76. Homecomings asserts that even though the Court denied its motion, it found in favor of Homecomings as to the adjustable rate note.
Rule 60(a) authorizes relief from judgment based on a clerical error, and the Court finds that Homecomings is entitled to the relief requested. Specifically, the Court found in its Opinion and Order that Anthony Savalle breached the parties' contract relative to the note even though the Court declined to award Homecomings summary judgment on the mortgage or its priority claim against Plaintiff. Accordingly, the Court GRANTS Homecomings' Motion to Amend Order.
IT IS SO ORDERED.