Lowry et al v. JPMorgan Chase Bank NA et al
ORDER granting 69 Defendants' Motion to Quash Stay. ORDERED that the stay entered on 4/23/2015 (Doc. 58) and made subject to the posting of a bond (Doc. 62) is VACATED. FURTHER ORDERED that Defendants may proceed with a trustee's sale and foreclosure of Plaintiffs' residence in accordance with all applicable laws. See attached Order. Signed by Senior Judge James A Teilborg on 5/27/2015.(TLB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Gary F. Lowry, et al.,
JPMorgan Chase Bank NA, et al.,
Pending before the Court is Defendants’ Motion to Quash Stay (Doc. 69). The
Court previously entered a stay in this case pursuant to the parties’ stipulation, subject to
the imposition of an appropriate bond. The parties disputed the appropriate amount of any
bond, and the Court ultimately set a bond of $2,000 per month, with the first payment due
by 8:15 A.M. on May 14, 2015. More than twelve days after this deadline, Plaintiffs have
still failed to post this bond.
Plaintiffs’ arguments against quashing the stay amount to little more than a
repetition of their previous arguments in this case. The Court has previously addressed
these arguments, and will not do so again. See (Doc. 71). Plaintiffs raise two new
arguments: First, they have apparently filed a new lawsuit in state court against
Defendants, presumably in an effort to convince that court to issue a preliminary
injunction. (Doc. 70 at 2). This fact is of no relevance to the pending motion in the
present case, except that it further undermines Plaintiffs’ claim of good faith with respect
to the bond. See (Doc. 71 at 2:28-3:3). Second, Plaintiffs state that they have requested
Defendants review their loan modification options “with the goal of a new modification
application.” (Doc. 70 at 4). Because Plaintiffs have declared their indigence, it is unclear
how any loan modification is a viable resolution to this case. Regardless, Plaintiffs offer
no explanation for how their modification application permits them to evade their
obligation to post a bond.
The Court will quash the stay. Defendants may proceed with a trustee’s sale and
foreclosure of Plaintiffs’ residence.
For the foregoing reasons,
IT IS ORDERED granting Defendants’ Motion to Quash Stay (Doc. 69).
IT IS ORDERED that the stay entered on April 23, 2015 (Doc. 58) and made
subject to the posting of a bond (Doc. 62) is vacated.
IT IS FURTHER ORDERED that Defendants may proceed with a trustee’s sale
and foreclosure of Plaintiffs’ residence in accordance with all applicable laws.
Dated this 27th day of May, 2015.
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