Gewecke v. U.S. Bank, N.A.

Full title: STEVEN GEWECKE AND TAMARA GEWECKE, Plaintiffs, v. U.S. BANK, N.A., as…

Court: United States District Court, D. Minnesota

Date published: Sep 14, 2010

Civ. No. 09-1890 (JRT/LIB) (D. Minn. Sep. 14, 2010)

Opinion

Civ. No. 09-1890 (JRT/LIB).

September 14, 2010

Mark R. Ireland, Jane N. Bowman, and Kari A. Rudd, FORECLOSURE RELIEF LAW PROJECT, HOUSING PRESERVATION PROJECT, Saint Paul, Minnesota, for plaintiffs.

Britta Loftus and Shari L.J. Aberle, DORSEY WHITNEY LLP, Minneapolis, MN, for defendants Argent Mortgage Company and ACC Capital Holdings Corp.

Steven H. Bruns and Jared M. Goerlitz, PETERSON, FRAM BERGMAN, P.A., St. Paul, MN, for defendants US Bank, CitiGroup Mortgage Loan Trust 2007-AMC1, and Countrywide Home Loans.

ORDER

JOHN TUNHEIM, District Judge

Defendants ACC Capital Holdings Corporation, and Argent Mortgage Company, LLC, reached a settlement with plaintiffs prior to the Court issuing an order on the parties' objections to the Report and Recommendation of the Magistrate Judge [Docket No. 55.] Based on the foregoing, all the files, records, and proceedings therein, including the arguments made by the parties on August 27, 2010:

1. The Court neither adopts nor rejects that portion of the Report and Recommendation [Docket No. 55] relating to Counts I-VII of the Amended Complaint; in light of settlement, objections [Docket Nos. 56 and 57] are WITHDRAWN as moot;

2. The Court ADOPTS that portion of the Report and Recommendation [Docket No. 55] granting plaintiff's motion for partial summary judgment (Claims VIII and IX) against defendants U.S. Bank, N.A., as trustee for CitiGroup Mortgage Loan Trust, 2007-AMC1, CitiGroup Mortgage Loan Trust 2007-AMC1, and Countrywide Home Loans, Inc., and determines as a matter of law that those defendants are in violation of 12 U.S.C. § 2605(e)(1)(A) and of Minn. Stat. § 47.205, subd. 2(3).

Accordingly, IT IS HEREBY ORDERED that:

1. Defendants ACC Capital Holdings Corporation, and Argent Mortgage Company, LLC's motion to dismiss for failure to state a claim and for lack of standing [Docket No. 27] is DENIED as moot.

2. Plaintiffs' motion for partial summary judgment [Docket No. 31] is GRANTED in part, and that, as a matter of law, defendants US Bank, N.A., as trustee for CitiGroup Mortgage Loan Trust, 2007-AMC1, CitiGroup Mortgage Loan Trust 2007-AMC1, and Countrywide Home Loans, Inc. are adjudged to have been in violation of 12 U.S.C. § 2605(e)(1)(A), and of Minn. Stat. § 47.205, subd. 2(3).

DATED: September 13, 2010

at Minneapolis, Minnesota.