Marquard et al v. New Penn Financial, LLC et al
||David Marquard and Linda Marquard
||Bank of New York Mellon and New Penn Financial, LLC
||April 7, 2017
||US District Court for the District of Oregon
||Portland (3) Office
||Michael H. Simon
|Nature of Suit:
||Banks and Banking
|Cause of Action:
||12:2605 Real Estate Settlement Procedures Act
|Jury Demanded By:
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|September 22, 2017
Opinion and Order - Defendants' Request for Judicial Notice (ECF 41 ) is GRANTED. Defendants' Motion to Dismiss (ECF 40 ) is GRANTED IN PART and DENIED IN PART. Defendants' motion is granted with respect to Plaintiffs' claim fo r reformation of the mortgage modification agreement. Plaintiffs may amend their complaint within 14 days to cure the deficiencies identified in this Opinion and Order. Defendants motion is denied in all other respects. Signed on 9/22/2017 by Judge Michael H. Simon. (mja)
|May 31, 2017
Opinion and Order - Plaintiffs' Motion for Preliminary Injunction (ECF 15 ) is GRANTED. Defendant New Penn Financial, LLC, dba Shellpoint Mortgage Servicing, and Defendant The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWABS Inc., Asset-Backed Certificates, Series 2007-3, shall immediately cease demanding or collecting from Plaintiff Linda Marquard or Plaintiff David Marquard, or both of them, monthly amounts of one-twelfth of the Marquard's anticipated annual property tax obligation. Plaintiffs need not post any bond for this order of preliminary injunction to be effective. Signed on 5/31/2017 by Judge Michael H. Simon. (mja)
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