Opinion
Civil Action No. 11-cv-00038-CMA-BNB
01-06-2012
CLIFTON E. PLEMONS, and ALIECE PLEMONS, Plaintiffs, v. HSBC BANK USA, NATIONAL ASSOCIATION, a foreign business corporation, PEOPLE'S CHOICE HOME LOAN, INC., a Wyoming corporation, OCWEN LOAN SERVICE, LLC, a foreign LLC, TITLE COMPANY OF DENVER a/k/a TITLE PARTNERS OF COLORADO, a Colorado corporation, HOME Q SERVICING COMPANY, ROBIN CAMERON, and SIKOL JUNG, Defendants.
Magistrate Judge Boyd N. Boland
ORDER
This matter arises on DEFENDANTS, HSBC BANK USA, AS TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2004 PEOPLE'S CHOICE HOME LOANS SECURITIES TRUST SERIES 2004-1, OCWEN LOAN SERVICING, LLC AND BARCLAYS CAPITAL REAL ESTATE INC. D/B/A HOMEQ SERVICING MOTION TO DISMISS PLAINTIFFS' COMPLAINT PURSUANT TO FED.R.CIV.P.12(b)(6) [Doc. #28, filed 03/02/2011] (the "Motion to Dismiss"). The Motion to Dismiss [Doc. # 28] is DENIED without prejudice.
The plaintiffs are suing the following defendants:
(1) HSBC Bank USA, National Association;Amended Complaint [Doc. #9] (the "Complaint").
(2) Peoples Choice Home Loan, Inc.;
(3) OCWEN Loan Service, LLC; and
(4) Home Q Servicing Company.
By contrast, the Motion to Dismiss was submitted on behalf of:
(1) HSBC Bank of USA, as Trustee for the Pooling and Servicing Agreement Dated as of April 1, 2004 People's Choice Home Loans Securities Trust Series 2004-1;
(2) OCWEN Loan Servicing, LLC; and
(3) Barclays Capital Real Estate, Inc. d/b/a HomeQ Servicing. Motion to Dismiss [Doc. # 28] at p. 1.
The defendants have attempted unilaterally and without court approval to substitute parties.
IT IS ORDERED:
(1) The Motion to Dismiss [Doc. # 28] is DENIED without prejudice; and
(2) On or before January 25, 2012, defendants (1) HSBC Bank USA, National Association; (2) Peoples Choice Home Loan, Inc.; (3) OCWEN Loan Service, LLC; and (4) Home Q Servicing Company shall answer or otherwise respond to the Complaint.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge