Riggs-Degraftenreed v. Wells Fargo Home Mortgage Inc et al

Filing 86

ORDER: Cross motions for summary judgment, 60 & 63 , granted in part and denied in part. Riggs-DeGraftenreed's lack of ownership claim, misamortization claim, and evaporating-grace period claim fail as a matter of law. Wells Fargo's mot ion is granted on these issues. Riggs-DeGraftenreed is entitled to summary judgment on her excessive-fees claims. She's entitled to recover $135 in inspection fees, $3,952.84 in foreclosure-related costs and attorney's fees, and & #036;241.07 in interest on the post-November 4 costs/attorney's fees from the closing date to the refund date. The damages total $4,328.91. Riggs-DeGraftenreed may also be entitled to a reasonable attorney's fee for prevailing in this case, as may later be awarded on timely motion, considering all the circumstances, and Rule 54(b) costs. Signed by Judge D. P. Marshall Jr. on 1/29/2016. (jak)

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