Kouretas v. Nationstar Mortgage Holdings, Inc. et al

Filing 10

ORDER re: 4 Motion for TRO signed by Chief Judge Morrison C. England, Jr on 12/23/2013 ORDERING plaintiff to respond in writing whether the property in question is owner-occupied residential real property. Response due by 12/24/2013 at 12:00 PM. (Donati, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES KOURETAS,

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No. 2:13-cv-02632-MCE-KJN

Plaintiff,
v.

ORDER

NATIONAL MORTGAGE HOLDINGS,
INC., and BANK OF AMERICA, N.A.,
Defendants.

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On December 23, 2013, Plaintiff James Kouretas (“Plaintiff’) filed an Motion for a

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Temporary Restraining Order (“TRO”). Plaintiff seeks to stop the foreclosure sale of his

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property located at 3324 S Street, Sacramento, California, currently scheduled for

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December 30, 2013. The Motion for TRO states that Plaintiff “holds title to the property”

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and refers to the property as Plaintiff’s home. However, the California Homeowner Bill of

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Rights, under which Plaintiff seeks relief, applies only to “first lien mortgages or deeds of

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trust that are secured by owner-occupied residential real property containing no more

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than four dwelling units. For these purposes, ‘owner occupied’ means that the property

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is the principal residence of the borrower . . . .” Cal. Civ. Code. § 2924.15(a). Plaintiff

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makes no allegations nor provides evidence that the property at issue is his principal

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residence.
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Accordingly, Plaintiff is required to respond in writing, under the penalty of perjury,

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whether the property in question is owner-occupied residential real property containing

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no more than four dwelling units and is the principal residence of Plaintiff. Such written

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response shall be received by the Court by December 24, 2013, at 12:00 PM. Should

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Plaintiff fail to respond in writing to the Court’s order by the date and time set forth,

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Plaintiff’s Motion for TRO shall be denied.

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IT IS SO ORDERED.

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Dated: December 23, 2013

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