Phillips v. Ocwen Loan Servicing, LLC et al
| Jeffrey Phillips |
| Ocwen Loan Servicing, LLC, Ocwen Financial Corporation and Bank of America, National Association |
| 1:2012cv03861 |
| November 2, 2012 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Fulton |
| Justin S Anand |
| William S. Duffey |
| Negotiable Instrument |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
144
OPINION AND ORDER that Plaintiff Jeffrey Phillips's Motion for Hearing 141 on Plaintiffs Objections is DENIED. IT IS FURTHER ORDERED that Plaintiff's Objections 139 are OVERRULED. IT IS FURTHER ORDERED that Magistrate Judge Justin S. Anand's Final Report and Recommendation 135 is ADOPTED. IT IS FURTHER ORDERED that Defendant Ocwen Loan Servicing, LLC's Motion for Summary Judgment 104 is GRANTED. Signed by Judge William S. Duffey, Jr on 3/12/2015. (anc)
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Filing
126
OPINION AND ORDER the parties' Objections 117 and 118 are OVERRULED. IT IS FURTHER ORDERED that Magistrate Judge Justin S. Anand's Non-Final Report and Recommendation 113 is ADOPTED. IT IS FURTHER ORDERED that Defendant's Moti on to Dismiss 78 Plaintiff's Second Amended Complaint is GRANTED IN PART and DENIED IN PART. It is GRANTED with respect to Plaintiff's claims for wrongful attempted foreclose and false light invasion of privacy to the extent these claim s are based on Plaintiff's theories that the Assignment was not valid and lack of authority to foreclose. It is DENIED with respect to Plaintiff's breach of contract claim. Plaintiff's claims for wrongful attempted foreclose and false light invasion of privacy, based on Plaintiff's assertion that he was not in default on his loan obligations, and his breach of contract claim are ALLOWED TO PROCEED. Signed by Judge William S. Duffey, Jr on 9/12/2014. (anc)
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Filing
51
OPINION AND ORDER ADOPTING IN PART AND REJECTING IN PART the 47 Report and Recommendations. The R&R is REJECTED with respect to Plaintiff's claim for libel of title to land (Count 9) and it is ADOPTED with respect to all other claims. Defen dants Ocwen Financial Corporation and the Trustee's 12 Motion to Dismiss is GRANTED, and Plaintiff's claims against OFC and the Trustee are DISMISSED for failure to state a claim. IT IS FURTHER ORDERED that Defendant Ocwen Loan Servi cing, LLC's 13 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. OLS's Motion to Dismiss Plaintiff's claims for fraud and deceit (Count 1), negligence (Count 2), mutual departure (Count 3), equitable accounting (Count 4), breach of fiduciary duty (Count 5), violation of the FDCPA (Count 6), promissory estoppel (Count 7), libel of title to land (Count 9), and intentional infliction of emotional distress (Count 11) is GRANTED and those claims are DISMISSED. OLS's Motion to Dismiss Plaintiff's claims for wrongful attempted foreclosure (Count 8), false light invasion of privacy (Count 10), punitive damages (Count 12), expenses of litigation (Count 13), and injunctive relief (Count 14) is DENIED and those claims are ALLOWED TO PROCEED. Signed by Judge William S. Duffey, Jr on 9/10/2013. (anc)
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