Svoren v. Nationstar Mortgage LLC et al
| Daniella Alexandra Svoren |
| Nationstar Mortgage LLC, United Wholesale Mortgage, LLC, Lakeview Loan Servicing, LLC and Public Trustee of Montrose County |
| 1:2026cv00715 |
| February 20, 2026 |
| U.S. District Court for the District of Colorado |
| Gordon P Gallagher |
| Scott T Varholak |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| None |
Docket Report
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This docket was last retrieved on August 18, 2026. A more recent docket listing may be available from PACER.
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| Filing 49 PLAINTIFF'S OBJECTION To Defendant United Wholesale Mortgage, LLC's Untimely Response to the Second Amended Complaint #47 filed by Plaintiff Daniella Alexandra Svoren. (eluce, ) |
| Filing 48 MEMORANDUM regarding #47 MOTION to Dismiss for Failure to State a Claim filed by United Wholesale Mortgage, LLC. Motion referred to Magistrate Judge Scott T. Varholak by District Judge Gordon P Gallagher on 08/14/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dclem) |
| Filing 47 MOTION to Dismiss for Failure to State a Claim by Defendant United Wholesale Mortgage, LLC. (Attachments: #1 Exhibit 1 Deed, #2 Exhibit 2 BK Petition, #3 Exhibit 3 Objection to MFR, #4 Exhibit 4 Assignment of DOT, #5 Exhibit 5 Order re Clarification, #6 Exhibit 6 Order Granting MFR, #7 Exhibit 7 Order Denying Substitution)(Shilliday, Holly) |
| Filing 46 PLAINTIFF'S RESPONSE in Opposition to Defendants' Combined Motion to Strike or Motion to Dismiss filed by Plaintiff Daniella Alexandra Svoren. (Attachments: #1 Memorandum)(eluce, ) |
Filing 45
MINUTE ORDER This matter is before the Court on Defendants' [#44] Combined Motion to Strike or Motion to Dismiss. First, Defendants argue that Plaintiff's Amended Complaint was improperly filed because Plaintiff did not seek leave to amend as contemplated by the Court's prior [#41] Order directing Plaintiff, within 21 days, to either obtain counsel, seek leave to file an amended complaint asserting only claims in her own name, or show cause why the matter should not be dismissed. [#44 at 3] Upon review, the Court will accept Plaintiff's [#42] Amended Complaint as filed. Accordingly, to the extent the Motion seeks to strike the Amended Complaint, the Motion is DENIED.Defendants' 44 Motion will thus be treated solely as a Motion to Dismiss directed at Plaintiff's #42 Amended Complaint. Plaintiff shall respond to the Motion to Dismiss on or before 8/21/2026. Defendants may then reply on or before 9/4/2026. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/31/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (stvlc6, )
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| Filing 44 MEMORANDUM regarding #43 MOTION to Strike #42 Amended Complaint or to Dismiss Complaint filed by Nationstar Mortgage LLC, Lakeview Loan Servicing, LLC. Motion referred to Magistrate Judge Scott T. Varholak by District Judge Gordon P Gallagher on 07/31/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dclem) |
| Filing 43 MOTION to Strike #42 Amended Complaint or to Dismiss Complaint by Defendants Lakeview Loan Servicing, LLC, Nationstar Mortgage LLC. (Hicks, Andrea) |
| Filing 42 SECOND AMENDED COMPLAINT against Lakeview Loan Servicing, LLC, Nationstar Mortgage LLC, Public Trustee of Montrose County, United Wholesale Mortgage, LLC, filed by Daniella Alexandra Svoren.(eluce, ) |
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Filing 41
MINUTE ORDER This matter is before the Court on #40 Response. The Court does not find Plaintiff's response sufficient to discharge the #39 Order to Show Cause as to Plaintiff's attempts to pursue this matter as Trustee. The second paragraph of the operative Complaint [#36] still says that Plaintiff "brings this action in her capacity as Trustee...." That she may not do. So, within 21 days of this Order, Plaintiff can either: (1) obtain counsel, (2) seek to file an amended complaint that brings only claims in her own name, or (3) show cause as to why the matter should not be dismissed as a pro se party cannot represent a trustee. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/29/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (stvlc6, )
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| Filing 40 RESPONSE to #39 SECOND ORDER TO SHOW CAUSE and Formal Motion for Substitution of Party by Plaintiff Daniella Alexandra Svoren. (sphil, ) |
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Filing 39
ORDER TO SHOW CAUSE: Accordingly, because Plaintiff has failed to appear for multiple Status Conferences set by this Court, and has thus far failed to provide the Court with good cause for this failure to participate in the litigation, IT IS ORDERED that Plaintiff shall show cause, if any there be, in writing on or before June 22, 2026 why her claims should not be dismissed for (1) failure to appear at Status Conferences set by this Court pursuant to Local Rules of Civil Practice of the United States District Court for the District of Colorado Rule 41.1 as well as Federal Rules of Civil Procedure 41(b) and 16(f) for failure to participate in the litigation and failure to appear at a hearing before the Court; and (2) for failure to follow the Court's local rules, which state that a corporation, partnership, or other legal entity such as a trust "may not appear without counsel admitted to practice before this court" D.C.COLO.LAttyR 5(b); see also Pembina Nation Little Shell Band of North America v. Wells Fargo Bank N.A., No. 12-cv-02058-LTB, 2012 WL 4795686, at *1 (D. Colo. Oct. 9, 2012) (finding that a trustee who is not a licensed attorney cannot represent an entity pro se); United States v. Lain, No. 17-CV-113-J, 2018 WL 8244912, at *2 (D. Wyo. Dec. 28, 2018) (finding that federal law prohibits individuals without law licenses from representing artificial entities). Plaintiff is specifically advised that failure to comply with this Order and timely show cause, in writing, on or before June 22, 2026 may result in the dismissal of this action without any further notice to or opportunity to be heard. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/21/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (ggill, )
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| Filing 38 MINUTE ENTRY for Status Conference held before Magistrate Judge Scott T. Varholak on 5/21/2026. FTR: A402. (schap, ) |
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Filing 37
MINUTE ORDER This matter is before the Court on 35 Order and #36 Amended Complaint. The Court sets a Hearing for 5/21/2026 at 02:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/15/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (stvlc6, )
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| Filing 36 AMENDED COMPLAINT For: (1) Quiet Title; (2) Declaratory Relief; (3) Injunctive Relief against Lakeview Loan Servicing, LLC, Nationstar Mortgage LLC, Public Trustee of Montrose County, United Wholesale Mortgage, LLC, filed by Daniella Alexandra Svoren.(echa, ) |
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Filing 35
MINUTE ORDER This matter is before the Court on #34 Response to 26 Order to Show Case. Plaintiff's response does not discharge the Order to Show Cause. As the Tenth Circuit has made clear, a non-attorney trustee may not represent a trust pro se because the trust is a separate legal entity that must appear through licensed counsel. United States v. Lain, 773 F. Appx 476, 477 (10th Cir. 2019). Accordingly, the Court will allow Plaintiff to file another response to cure the deficiency due on or before 5/20/2026. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/6/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (stvlc6, )
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| Filing 34 RESPONSE to 26 ORDER TO SHOW CAUSE by Plaintiff Daniella Alexandra Svoren. (sphil, ) |
| Filing 33 NOTICE of Filing Trustee Resolution by Plaintiff Daniella Alexandra Svoren (sphil, ) |
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Filing 32
ORDER This matter is before the Court on #30 Motion to Clarify, which seeks leave to clarify on whose behalf this case is brought. The Motion does not provide sufficient clarification. Accordingly, the Motion is DENIED WITHOUT PREJUDICE to Plaintiff filing an amended complaint clearly identifying the plaintiff in the case. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/19/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(stvlc6, )
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| Filing 31 MEMORANDUM regarding #30 MOTION to Clarify filed by Daniella Alexandra Svoren. Motion referred to Magistrate Judge Scott T. Varholak by District Judge Gordon P Gallagher on 04/15/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dclem) |
| Filing 30 MOTION to Clarify Capacity and/or Substitute Party by Plaintiff Daniella Alexandra Svoren. (sphil, ) |
| Filing 29 RESPONSE to 26 Order to Show Cause by Plaintiff Daniella Alexandra Svoren. (sphil, ) |
| Filing 28 MINUTE ENTRY for Status Conference held on 4/2/2026 before Magistrate Judge Scott T. Varholak. FTR: A402. (hguer) |
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Filing 27
ORDER This matter is before the Court on #17 Motion to Remand Action to State Court (the Motion). As indicated in 26 Order to Show Cause, individuals, such as Plaintiff, who are not licensed attorneys cannot represent a trust pro se. See Pembina Nation Little Shell Band of North America v. Wells Fargo Bank N.A., No. 12-cv-02058-LTB, 2012 WL 4795686, at *1 (D. Colo. Oct. 9, 2012) (finding that a trustee who is not a licensed attorney cannot represent an entity pro se); United States v. Lain, No. 17-CV-113-J, 2018 WL 8244912, at *2 (D. Wyo. Dec. 28, 2018) (finding that federal law prohibits individuals without law licenses from representing artificial entities). Given that Plaintiff is not permitted to make this filing on behalf of a trust, the Court STRIKES the Motion. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/2/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(stvlc7, )
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Filing 26
ORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 2 April 2026. IT IS ORDERED that Plaintiff Daniella Alexandra Svoren shall show cause, if any there be, in writing on or before 5/1/2026, why her claims should not be dismissed for (1) failure to appear at the status conference set for today, 4/2/2026, at 10:00 AM and (2) for failure to follow the Court's local rules, which state that a corporation, partnership, or other legal entity such as a trust "may not appear without counsel admitted to practice before this court" D.C.COLO.LAttyR 5(b); see also Pembina Nation Little Shell Band of North America v. Wells Fargo Bank N.A., No. 12-cv-02058-LTB, 2012 WL 4795686, at *1 (D. Colo. Oct. 9, 2012) (finding that a trustee who is not a licensed attorney cannot represent an entity pro se); United States v. Lain, No. 17-CV-113-J, 2018 WL 8244912, at *2 (D. Wyo. Dec. 28, 2018) (finding that federal law prohibits individuals without law licenses from representing artificial entities). Though the Court recognizes that this case was removed to federal court, Plaintiff is also prohibited from representing a trust pro se in state court. See, e.g., Application for Water Rights of Town of Minturn, 359 P.3d 29, 31 (Colo. 2015) (finding that a trustee who is not an attorney may not represent a trust pro se in a litigation matter.). Failure to comply with this Order and timely show cause on or before 5/1/2026 may result in the dismissal of this action without any further notice to or opportunity to be heard by Plaintiff. SO ORDERED, For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (stvlc7, )
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| Filing 25 MEMORANDUM regarding #17 MOTION to Remand to State Court filed by Daniella Alexandra Svoren. Motion referred to Magistrate Judge Scott T. Varholak By District Judge Gordon P Gallagher on 3/31/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry. (anewt,) |
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Filing 24
ORDER REFERRING CASE to the assigned United States Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court levsponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By District Judge Gordon P. Gallagher on 3/31/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (anewt,)
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| Filing 23 CASE REASSIGNED. Pursuant to #22 Consent to Jurisdiction of Magistrate Judge, All parties do not consent. Case randomly reassigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 26-cv-00715-GPG. (Text Only Entry) (sphil, ) |
| Filing 22 CONSENT to Jurisdiction of Magistrate Judge by Defendant Nationstar Mortgage LLC All parties do not consent.. (Hicks, Andrea) |
| Filing 21 BRIEF in Opposition to #17 MOTION to Remand to State Court filed by Defendant Nationstar Mortgage LLC. (Hicks, Andrea) |
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Filing 20
MINUTE ORDER This matter is before the Court on 14 Order which set the Consent deadline to 3/26/2026. To date, the Court has not received the required filing. Accordingly, the Court sua sponte extends the deadline for the parties to file the consent deadline to 3/30/2026. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/27/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (stvlc6, )
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| Filing 19 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate SFS Holding Corp., Other Affiliate UWM Holdings, LLC, Other Affiliate UWM Holdings Corporation for United Wholesale Mortgage, LLC. (Shilliday, Holly) |
| Filing 18 NOTICE of Entry of Appearance by Holly R. Shilliday on behalf of United Wholesale Mortgage, LLCAttorney Holly R. Shilliday added to party United Wholesale Mortgage, LLC(pty:dft) (Shilliday, Holly) |
| Filing 17 Stricken MOTION to Remand Action to State Court by Plaintiff Daniella Alexandra Svoren. (echa, ) Modified on 4/2/2026 to strike motion per #27 Order. (sphil, ). |
| Filing 16 NOTICE of Related States Court Proceedings by Daniella Alexandra Svoren (echa, ) |
| Filing 15 NOTICE of Entry of Appearance by Holly E. Cheong on behalf of Lakeview Loan Servicing, LLC, Nationstar Mortgage LLC (Cheong, Holly) |
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Filing 14
ORDER This matter comes before the Court on Defendants' Motion to Strike Complaint and Order Plaintiff to Obtain Counsel or to Dismiss Complaint. [#13] Defendants are correct that Plaintiff cannot represent the Trust in federal court. See Harrison v. Wahatoyas, L.L.C., 253 F.3d 552, 556 (10th Cir. 2001) (As a general matter, a corporation or other business entity can only appear in court through an attorney and not through a non-attorney corporate officer appearing pro se.). But Defendants have not cited any authority that would permit the striking of a complaint that was filed in state court and later removed to federal court for purportedly violating this rule. In other words, if the complaint was proper when filed in state court, what grounds are there for this Court to strike it simply because the case was later removed to federal court without Plaintiff's participation? Moreover, it is not yet clear whether Plaintiff intends to retain counsel now that the case is in federal court. Accordingly, the Motion is DENIED WITHOUT PREJUDICE. The Court sets a Status Conference for 4/2/2026 at 10:00 AM in Courtroom A402 before Magistrate Judge Varholak to address the status of counsel. The deadline to consent to magistrate judge jurisdiction is 3/26/2026. Defendants' response to Complaint is STAYED pending the Status Conference. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/4/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(stvlc6, )
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| Filing 13 MOTION to Strike and Order Plaintiff to Obtain Counsel or to Dismiss Complaint by Defendants Lakeview Loan Servicing, LLC, Nationstar Mortgage LLC. (Attachments: #1 Exhibit A)(Hicks, Andrea) |
| Filing 12 DISCLAIMER OF INTEREST re 4 Administrative Notice re Notice of Removal State Court Document - Disclaimer Under Rule 105 (c), C.R.C.P. by Montrose County Treasurer Public Trustee by Defendants Lakeview Loan Servicing, LLC, Nationstar Mortgage LLC. (Hicks, Andrea) |
| Filing 11 NOTICE re 4 Administrative Notice re Notice of Removal - Current State Court Register of Actions by Defendants Lakeview Loan Servicing, LLC, Nationstar Mortgage LLC (Hicks, Andrea) |
| Filing 10 NOTICE of Entry of Appearance by Andrea McDonald Hicks on behalf of Lakeview Loan Servicing, LLC, Nationstar Mortgage LLC (Hicks, Andrea) |
| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jrobe, ) |
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Filing 8
ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(a), the court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, it isORDERED that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. By Magistrate Judge Richard T. Gurley on 02/23/2026. Case randomly reassigned to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 26-cv-00715-STV. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (jrobe, )
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| Filing 7 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (echa, ) |
| Filing 6 Bill in Equity against Lakeview Loan Servicing, LLC, Nationstar Mortgage LLC, Public Trustee of Montrose County, United Wholesale Mortgage, LLC, filed by Daniella Alexandra Svoren.(echa, ) |
| Filing 5 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (echa, ) |
| Filing 4 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (echa, ) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent LLS Holdings, LLC, Other Affiliate Bayview MSR Opportunity (US) Master Fund, L.P. for Lakeview Loan Servicing, LLC. (Hicks, Andrea) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Rocket Companies, Inc., Other Affiliate Rocket Limited Partnership, Other Affiliate Rocket GP, LLC for Nationstar Mortgage LLC. (Hicks, Andrea) |
| Filing 1 NOTICE OF REMOVAL by Lakeview Loan Servicing, LLC, Nationstar Mortgage LLC from District Court, Montrose County, Colorado, Case Number 2026CV00003. (Filing fee $ 405, Receipt Number ACODC-10835875), filed by Lakeview Loan Servicing, LLC, Nationstar Mortgage LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - State Court Notice of Filing Removal, #3 Exhibit C - Deed of Trust, #4 Civil Cover Sheet)(Hicks, Andrea) |
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