Fox et al v. Ocwen Loan Servicing, LLC et al
| Gail Fox and Ralph Wass |
| Ocwen Loan Servicing, LLC and HSBC Bank USA, N.A., Trustee |
| 1:2019cv01035 |
| September 30, 2019 |
| US District Court for the District of New Hampshire |
| Joseph A DiClerico |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 17
///ORDER terminating without prejudice #5 Motion to Dismiss. So Ordered by Judge Joseph A. DiClerico, Jr.(gla)
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Filing 16
ORDER: For reasons herein, the plaintiffs' motion to stay (document no. 14) is granted. This case, including the show cause order issued on October 25, 2019, (document no. 13) is stayed pending resolution of the bankruptcy proceeding or an order of the bankruptcy court that lifts the stay and allows the case to proceed. The plaintiffs shall provide notice to the court when the bankruptcy case is resolved or if the bankruptcy court lifts the stay and allows this case to proceed. So Ordered by Judge Joseph A. DiClerico, Jr.(ko)
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| Filing 15 Addendum/ to #14 MOTION to Stay Court Order Statement of Concurrence by Gail Fox. (Ciccotelli, Ernest) |
| ACTION REQUIRED - NOTICE Nonconforming Document re #14 MOTION to Stay Court Order filed by Gail Fox. The document fails to comply with LR 7.1-No statement of concurrence was included. File statement as addendum using the Other Documents/Addendum event and link filing(s) to document no. 14. The document will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.Compliance Deadline set for 11/6/2019.(ko) |
| Filing 14 MOTION to Stay Court Order filed by Gail Fox. Follow up on Objection on 11/12/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memorandum Support of Motion, #2 Exhibit Notice of Bankruptcy Case)(Ciccotelli, Ernest) |
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Filing 13
ORDER: For the reasons therein, the plaintiffs shall file a memorandum, not to exceed fifteen pages, to show cause why this case should not be dismissed as moot on or before November 8, 2019. The defendants will then have the opportunity to file a response within fourteen days from the date the plaintiffs memorandum is filed. Failure to file the show cause memorandum within the time allowed will result in the case being dismissed as moot. So Ordered by Judge Joseph A. DiClerico, Jr. Memoranda due 11/8/2019. (ko)
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ENDORSED ORDER granting #4 Motion for Krystle G. Tadesse to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(ko)
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Filing 12
ORDER denying #10 Motion to Stay Foreclosure Sale. So Ordered by Judge Joseph A. DiClerico, Jr.(gla)
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| Filing 11 MEMORANDUM in Opposition re #10 Emergency MOTION to Stay Foreclosure Sale filed by HSBC Bank USA, N.A., Trustee, Ocwen Loan Servicing, LLC. Follow up on Reply on 10/29/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit A - Public Proclamation, #2 Exhibit B - 9/30/19 Email)(Farside, Joseph) |
| Filing 10 Emergency MOTION to Stay Foreclosure Sale filed by Gail Fox. Follow up on Objection on 11/5/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Support Motion Enjoin Foreclosure Sale, #2 Exhibit (Affidavit) Affidavit in Support of Motion, #3 Exhibit Exh 1 Complaint Enjoin Foreclosure Sale, #4 Exhibit Exh 2 Notice Mortgage Foreclosure Sale, #5 Exhibit Exh 3 Notice, #6 Exhibit Exh 4 Deed, #7 Exhibit Exh 5 Affidavit of Gail Fox, #8 Exhibit Exh 6 Purchase & Sale Agreement, #9 Exhibit Exh 7 Email Dracut TM - Approval, #10 Exhibit Exh 8 Acknowledgement of Title Claim, #11 Exhibit Exh 9 Recorded Mortgage, #12 Exhibit Exh 10 Mortgage Presented to Court, #13 Exhibit Exh 11 Recorded Mortgage Mark Up, #14 Exhibit Exh 12 Mortgage Presented Mark Up, #15 Exhibit Exh 13 Signatures-Cashed Checks, #16 Exhibit Exh 14 Agreement of June 2018, #17 Exhibit Exh 15 Defendants Email Notice)(Ciccotelli, Ernest) |
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ENDORSED ORDER #10 Emergency MOTION to Stay Foreclosure Sale. Text of Order: Plaintiff has requested preliminary injunctive relief (doc. no. 10). The magistrate judge is designated to consider the request and, if necessary, conduct a hearing on the matter. The magistrate judge shall file proposed findings and recommendations with the court. See 28 U.S.C. 636(b)(1)(B). So Ordered by Judge Joseph A. DiClerico, Jr.(ko)
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| Filing 9 Certified Copies of State Court Record. State Court Case No. 216-2019-CV-00817, Hillsborough County Superior Court(Farside, Joseph) |
| Filing 8 Certified Copies of State Court Record. State Court Case No. 216-2019-CV-00817, Hillsborough County Superior Court(Farside, Joseph) |
| Filing 7 Certified Copies of State Court Record. State Court Case No. 216-2019-CV-00817, Hillsborough County Superior Court(Farside, Joseph) |
| Filing 6 NOTICE of Intent to Proceed with Foreclosure Sale by HSBC Bank USA, N.A., Trustee, Ocwen Loan Servicing, LLC.(Farside, Joseph) |
| Filing 5 MOTION to Dismiss filed by HSBC Bank USA, N.A., Trustee, Ocwen Loan Servicing, LLC. Follow up on Objection on 10/24/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit A - Warranty Deed, #3 Exhibit B - Mortgage, #4 Exhibit C - Assignment, #5 Exhibit D - Prior Complaint, #6 Exhibit E - Summary Judgment Order)(Farside, Joseph) |
| NOTICE of ECF Filing Error re: #4 MOTION for Krystle G. Tadesse to Appear Pro Hac Vice filed by Ocwen Loan Servicing, LLC, HSBC Bank USA, N.A., Trustee. Consistent with Supplemental Rules of Electronic Case Filing, affidavits prepared in the context of the litigation shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(ko) |
| Filing 4 MOTION for Krystle G. Tadesse to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1871773.) filed by HSBC Bank USA, N.A., Trustee, Ocwen Loan Servicing, LLC. Follow up on Objection on 10/16/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) of Krystle G. Tadesse)(Farside, Joseph) |
| Filing 3 Disclosure Statement by HSBC Bank USA, National Association, as Trustee for SG Mortgage Securities Trust 2006-OPT2, Asset Backed Certificates, Series 2006-OPT2 disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Farside, Joseph) |
| Filing 2 Disclosure Statement by Ocwen Loan Servicing, LLC disclosing no parent company, no publicly traded company, and a merger agreement. (Farside, Joseph) |
| Filing 1 NOTICE OF REMOVAL from Hillsborough Superior, case number 216-2019-CV-00817 (filing fee $400, receipt number 0102-1870518) filed by HSBC Bank USA, National Association, as Trustee for SG Mortgage Securities Trust 2006-OPT2, Asset Backed Certificates, Series 2006-OPT2, Ocwen Loan Servicing, LLC. Answer Follow Up on 10/21/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 10/15/2019. (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B - Deed, #3 Exhibit C - Mortgage, #4 Exhibit D - Assignment, #5 Exhibit E - Property Card, #6 Notice of Removal to State Court Clerk, #7 Civil Cover Sheet)(Farside, Joseph) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE.(mc) |
| Case assigned to Judge Joseph A. DiClerico, Jr. The case designation is: 1:19-cv-1035-JD. Please show this number with the judge designation on all future pleadings. (mc) |
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