Summary
granting summary judgment where the borrower presented nothing to undermine the letters the servicer had sent
Summary of this case from Johnson v. Nationstar Mortg., LLCOpinion
Case No. 17-cv-01296-DOC-JPR
02-20-2019
RICKEY M. GILLIAM; BARBARA L. GILLIAM, Plaintiffs, v. BANK OF AMERICA, N.A.; HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF SARM 2005-18; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; RECONTRUST COMPANY, N.A.; VERIPRISE PROCESSING SOLUTIONS, LLC; QUALITY LOAN SERVICES; DOES 1 through 20 inclusive herein,, Defendants.
JUDGMENT GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
Complaint Filed: May 09, 2017
FAC Filed: November 13, 2017
SAC Filed: July 30, 2018
Current Trial Date: April 16, 2019 Hearing Date: February 19, 2019
Hearing Time: 8:30 a.m.
Courtroom: 9D Honorable David O. Carter
JUDGMENT
Defendants Nationstar Mortgage, LLC; HSBC Bank USA, National Association, as Trustee for the Certificate Holders of SARM 2005-18; and Xome Holdings LLC's (on behalf of the dissolved entity, Veriprise Processing Solutions, LLC) (collectively, "Defendants") Motion for Summary Judgment, or, in the Alternative, Summary Adjudication, came before this Court on February 19, 2019. Plaintiffs Rickey M. Gilliam and Barbara L. Gilliam (collectively, "Plaintiffs") did not appear.
After full consideration of the evidence, matters subject to judicial notice, the points and authorities and separate statements of each party, oral arguments of counsel, the files and pleadings in this action, IT IS HEREBY ORDERED that Defendants' Motion for Summary Judgment, or, in the Alternative, Summary Adjudication is GRANTED in its entirety and JUDGMENT is entered in favor of Defendants.
The Court finds that no triable issue of material fact exists as to Plaintiffs' remaining causes of action in their Second Amended Complaint against Defendants. Defendants are therefore entitled to judgment as a matter of law, and the action is hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED. Dated: February 20, 2019
/s/_________
Honorable Judge David O. Carter
United States District Court Judge