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Cox v. Old Republic National Title Insurance Co.

United States District Court, Ninth Circuit, California, N.D. California
Jun 15, 2015
5:15-cv-02253-BLF (N.D. Cal. Jun. 15, 2015)

Opinion

          Ronald H. Freshman, Law Offices of Ronald H. Freshman, Fallbrook, CA, Attorney for Plaintiff Kimberly Cox.


          [Proposed] ORDER ON STIPULATION TO CEASE AND DESIST FORECLOSURE ACTS DURING THE PENDENCY OF THIS ACTION

          BETH LABSON FREEMAN, District Judge.

         OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING and THE BANK OF NEW YORK MELLON CORPORATION f/k/a THE BANK OF NEW YORK COMPANY, INC., AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS INC - CHL MORTGAGE PASS-THROUGH TRUST 2005-02 (collectively "Defendants"), through their respective counsel, have each agreed, pursuant to the executed stipulation attached hereto as Exhibit "1", to cease and desist from any present and future foreclosure acts during the pendency of this action subject to KIMBERLY COX ("Plaintiff") taking her Motion for a Preliminary Injunction off calendar which she did.

          ORDER

         IT IS SO ORDERED that Defendants, their agents or assigns are hereby enjoined as stipulated during the pendency of this action or until otherwise ordered by the Court.

         The August 20, 2015 preliminary injunction hearing is hereby VACATED. The case management conference and associated deadlines remain on calendar.

         Exhibit "1"

         Defendants OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING and THE BANK OF NEW YORK MELLON CORPORATION f/k/a THE BANK OF NEW YORK COMPANY, INC., AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS INC - CHL MORTGAGE PASS-THROUGH TRUST 2005-02, through their respective attorneys, have each agreed to cease and desist from any present and future foreclosure acts during the pendency of this action which includes, but is not thereby limited to: recording any documents related to the subject Property and conducting a Trustee's Sale pursuant to the currently recorded, or any other Notice of Trustee's Sale.

         Accordingly, Plaintiff through her counsel agrees to take the Motion for a Preliminary Injunction currently scheduled to be heard on June 24, 2015 off calendar subject to all parties' execution of this agreement.

         IT IS SO STIPULATED:

et al.;

         CERTIFICATE OF SERVICE

         At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of San Diego, State of California. My business address is 3040 Skycrest Drive, Fallbrook, CA 92028.

         On June 14, 2015, I served true copies of the following document(s) on the following parties in this action.

         DOCUMENTS:

[Proposed] ORDER ON STIPULATION TO CEASE AND DESIST FORECLOSURE ACTS DURING THE PENDENCY OF THIS ACTION

         PARTIES SERVED:

         BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the document(s) with the

         Clerk of the Court by using the CM/ECF system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case who are not registered CM/ECF users will be served by mail or by other means permitted by the court rules.

         I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made.

         Executed on June 14, 2015, at Fallbrook, CA.


Summaries of

Cox v. Old Republic National Title Insurance Co.

United States District Court, Ninth Circuit, California, N.D. California
Jun 15, 2015
5:15-cv-02253-BLF (N.D. Cal. Jun. 15, 2015)
Case details for

Cox v. Old Republic National Title Insurance Co.

Case Details

Full title:KIMBERLY COX, Plaintiff, v. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY…

Court:United States District Court, Ninth Circuit, California, N.D. California

Date published: Jun 15, 2015

Citations

5:15-cv-02253-BLF (N.D. Cal. Jun. 15, 2015)