Mohr v. MLB SUB I
| Tina A. Mohr and Sanford A. Mohr |
| Deutsche Bank National Trust Company as Trustee, Finance America, LLC, HomeQ Servicing Corporation, Mortgage Electronic Registration Systems, Inc., John Does 1-20, Jane Does 1-20, Doe Partnerships 1-20, Doe Corporations 1-20, Doe Entities 1-20 and Doe Governmental Units 1-20 |
| MLB SUB I |
| 1:2016cv00493 |
| September 6, 2016 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| ALAN C KAY |
| RICHARD L. PUGLISI |
| All Other Real Property |
| 28 U.S.C. ยง 1441 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
204
ORDER granting Counterclaimant MLB Sub I, LLC's Motion for Order Confirming Foreclosure Sale and Entry of Final Judgment, re 193 - Signed by JUDGE ALAN C. KAY on 2/28/2022. For the foregoing reasons, the Court GRANTS MLB's Motion for Order Confirming Foreclosure Sale and Entry of Final Judgment (ECF No. 193). Pursuant to Federal Rule of Civil Procedure 54(b), this Order shall be entered as a final judgment as there is no just reason for delay.(jni)
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Filing
167
ORDER GRANTING PLAINTIFFS' MOTION TO STAY JUDGMENT & DECREE OF FORECLOSURE PENDING APPEAL (USCA NO. 20-15895), re ECF 160 - Signed by JUDGE ALAN C. KAY on 7/7/2020.For the foregoing reasons, the Court GRANTS the Mo hrs' Motion to Stay, ECF No. 160, and orders that the effect of the Court's April 13, 2020 Foreclosure Order is hereby STAYED pending the Mohrs' appeal before the Ninth Circuit. The subject property will hereby operate to secure MLB� 39;s interests during the pendency of the appeal. The Mohrs are ordered to continue complying with the portion of the Foreclosure Order requiring preservation of the property in its current condition. Foreclosure Order at 41-42. The Mohrs shall also continue to maintain adequate insurance, pay property taxes, and avoid any action that could result in a depreciation of the property's value. The Mohrs are required to submit timely evidence of such payments directly to MLB's counsel; if t hey fail to do so, MLB may move the Court for supplementary relief. Likewise, should the property begin to deteriorate in value or should other circumstances arise that may put MLB's interest in the property at risk, MLB may move the Court for supplementary relief.(jni)
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Filing
150
ORDER GRANTING DEFENDANT MLB SUB I'S MOTION FOR SUMMARY JUDGMENT AND ISSUING DECREE OF FORECLOSURE, re ECF 128 - Signed by JUDGE ALAN C. KAY on 4/13/2020.For the foregoing reasons, the Court GRANTS MLB's Motion for Su mmary Judgment, ECF No. 128, and DENIES the Mohrs' counter-motion for summary judgment, ECF No. 136. Accordingly, MLB is entitled to, and the Court hereby issues, a decree of foreclosure on the subject property as outlined above. Carol Monahan Jung, Esq. of Jung & Vassar PC is hereby appointed by this Court as Commissioner. (jni)
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Filing
94
ORDER GRANTING DEFENDANT BNC'S MOTION FOR SUMMARY JUDGMENT 51 AND GRANTING IN PART AND DENYING IN PART DEFENDANT MLB'S SUBSTANTIVE JOINDER 53 - Signed by JUDGE ALAN C. KAY on 6/13/2019. For the foregoing reasons, the Court GRANTS BNC's Motion for Summary Judgment, ECF No. 51. Res judicata bars relitigation of Plaintiffs' claims for (1) rescission under TILA, (2) damages under TILA, and (3) damages under state-law UDAP. The Court G RANTS IN PART and DENIES IN PART Intervenor-Defendant MLB's Substantive Joinder, ECF No. 53, as follows: 1. To the extent that it seeks the same relief for MLB as BNC's Motion seeks for BNC, MLB's Subs tantive Joinder to BNC's Motion for Summary Judgment on Plaintiffs' TILA and UDAP claims is GRANTED; 2. To the extent that it seeks summary judgment that the Mortgage is a valid lien owned by MLB, and a judgment against Plaintiffs for the outstanding loan amount, MLB's Substantive Joinder is DENIED. Written Order follows oral order of 6/10/2019 Hearing, ECF 93 (jo)
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