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Wood v. Ocwen Loan Servicing

April 3, 2008

MARY E. WOOD, PLAINTIFF
v.
OCWEN LOAN SERVICING, LLC, DEFENDANT



The opinion of the court was delivered by: Magistrate Judge Smyser

MEMORANDUM AND ORDER

The complaint in this case was filed on January 16, 2007 in the Court of Common Pleas of Adams County. The case was removed by defendant to this court on February 7, 2007. An answer (Doc. 7) was filed on March 14, 2007. A case management conference was held. On the basis of a 28 U.S.C. § 636(c) consent, the case was assigned to a magistrate judge on March 15, 2007. The deadlines set in the initial (April 20, 2007) case management order (Doc. 11) were extended on three occasions (Doc. 16, August 10, 2007; Doc. 24, October 18, 2007; Doc. 27, November 29, 2007). A motion for further extensions was denied on January 23, 2008 (Doc. 30). The final amended case management order of November 29, 2007 established inter alia a deadline for dispositive motions of February 18, 2008.

The defendant filed a motion for summary judgment and a brief and documentation in support of the motion on February 19, 2008*fn1 . A LR 56.1 statement of material facts not in dispute was filed. (Docs. 31, 32).

The facts that are not in dispute*fn2 are as follows:

1. On November 28, 1975, Plaintiff and her former husband Richard W. Wood, Sr. (now deceased) obtained a mortgage loan from The Lomas and Nettleton Company in the amount of $38,000.

2. Plaintiff's loan was subsequently assigned or service transferred as set forth:

C Assignment to Government National Mortgage Association recorded in Volume 25, page 1144, on August 13, 1976;

C Re-assignment to The Lomas & Nettleton Company recorded in Volume 32, page 316, on March 2, 1979;

C Assignment to the Secretary of Housing and Urban Development recorded in Volume 38, page 394, on July 22, 1981;

C Assignment to RCR Services, Inc., d/b/a Mortgage Default Services Company recorded in Record Book 511, page 507, on January 4, 1989;

C Assignment transferred to the United States Department of Housing and Urban Development; thereafter C Assignment to Ocwen Federal Bank, FSB, now known as Ocwen Loan Servicing, LLC in August 1997. Ocwen services the loan for the mortgagee LaSalle Bank National Association, as Trustee for the Certificateholders of the Mortgage Pass-Through Certificates 1999-R2.

3. On March 20, 1989, Plaintiff filed a voluntary bankruptcy petition pursuant to Chapter 13 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Middle District of Pennsylvania, docketed to Case No. 1-89-00326.

4. On January 17, 1991, Plaintiff filed a Chapter 13 Plan which provided that the Department of Housing and Urban Development, c/o R.C.R. Services, Inc., mortgage holder be paid the sum on [sic] ...


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