Lyman et al v. Saxon Mortgage Services, Inc. et al

Filing 100

STIPULATION AND ORDER re 90 Stipulation, filed by Mortgage Electronic Registration Services, Inc., Deutsche Bank National Trust Company, Western Progressive, LLC, Ocwen Loan Servicing, LLC, re maintenance of preliminary injunction. (njvlc1, COURT STAFF) (Filed on 5/7/2012)

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CHRISTOPHER J. NEARY
Attorney at Law, #69220
110 South Main Street, Suite C
Willits, CA 95490
Telephone: [phone]
email: [e-mail]

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Attorney for Plaintiffs,
CHRISTOPHER GENE LYMAN and
JESSICA HELEN O’DANIEL

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA - EUREKA
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CHRISTOPHER GENE LYMAN; JESSICA )
HELEN O’DANIEL
)
)
Plaintiffs,
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)
v.
)
)
MORTGAGE
ELECTRONIC )
REGISTRATION SERVICES, INC., a )
Delaware corporation; XZVR, INC., a )
Califor nia cor por ation; WESTERN )
PROGRESSIVE, LLC, a Delaware limited )
liability company; DEUTSCHE BANK )
NATIONAL TRUST COMPANY, a )
Tennessee corporation; IXIS REAL ESTATE )
CAPITAL TRUST 2005-HE-3; SAXON )
MORTGAGE SERVICES, INC.; OCWEN )
LOAN SERVICING, LLC; and DOES 6 )
through 1000, inclusive; DOES 1001 through )
2500, inclusive,
)
)
Defendants.
)
_____________________________________ )

UNLIMITED
Case No. C11-00433 NJV
[Proposed] ORDER RE MAINTENANCE OF
PRELIMINARY INJUNCTION PURSUANT
TO STIPULATION

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Pursuant to the stipulation of the parties hereto filed on April 10, 2012 (ECF #90), and
good cause appearing therefore,

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IT IS HEREBY ORDERED as follows:

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1.

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Delaware

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Defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a
corporation,

erroneously

sued

herein

as

MORTGAGE

ELECTRONIC

[Proposed] ORDER PURSUANT TO STIPULATION
FOR MAINTENANCE OF PRELIMINARY INJUNCTION

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REGISTRATION SERVICES, INC.; XZVR, INC., a California corporation; WESTERN

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PROGRESSIVE, LLC, a Delaware limited liability company; DEUTSCHE BANK NATIONAL

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TRUST COMPANY, a Tennessee corporation; IXIS REAL ESTATE CAPITAL TRUST 2005-

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HE-3; SAXON MORTGAGE SERVICES, INC.; OCWEN LOAN SERVICING, LLC and their

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agents, employees, servants, and all persons acting under, in concert with or for them shall refrain

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from and are hereby enjoined from proceeding with a foreclosure on that certain real property

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commonly known as1956 Clover Drive, Willits, Mendocino County, California which is more

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specifically described as follows:

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Block 37, Lot 7, of Tract 86, Brooktrails Vacation Village
Subdivision as per map filed August 17, 1966 in Case 2, Drawer 7,
Page 1, Mendocino County Records as amended by Map filed
August 16, 1967, in Map Case 2, Drawer 7, Page 2;

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Excepting and reserving all the water and water rights in, under or
flowing over said property or appurtenant thereto;

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Excepting and reserving therefrom fifty percent (50%) of all oil,
gas and other mineral and hydrocarbon substances below a plane
five hundred feet beneath the surface thereof, but without the right
of surface entry thereto, as reserved and excepted by the Bank of
California, National Association, a National Banking Association.

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A.P.N. 099-132-08-01
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until further order of this Court.
2.

Plaintiffs shall continue to pay the sum of $1,l38.50 as a condition of the issuance

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of this preliminary injunction and for a bond; to be paid in the interest bearing Trust Account in

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care of Plaintiffs’ counsel, Christopher J. Neary on or before the 15th day of each month,

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commencing April 15, 2012, which sums shall be held in trust for the legal beneficiary of the

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underlying Note and Deed of Trust at issue herein on the foregoing described property. Plaintiffs

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shall further timely pay all taxes, insurance, and utility payments regarding the Property falling

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due within the time period this injunction is in effect. Counsel shall provide the Court and the

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parties with a status report regarding the balance of the Trust Account on a monthly basis, which

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report shall be submitted to the Court on or before the 15th day of each month, commencing on

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April 15, 2012.
[Proposed] ORDER PURSUANT TO STIPULATION
FOR MAINTENANCE OF PRELIMINARY INJUNCTION

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3.

Defendants DEUTSCHE BANK NATIONAL TRUST COMPANY and/or

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OCWEN LOAN SERVICING, LLC may draw upon the deposited funds at any time upon ten

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days’ written notice to the Court upon agreeing to indemnify Plaintiffs from any damages they

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might suffer as a result of any other person or entity with a superior right to the claim of

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Defendant DEUTSCHE BANK NATIONAL TRUST COMPANY as beneficiary making a

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successful demand for payment of the secured obligation.

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Funds on deposit in the interest bearing trust account shall be under the control of the
Court to be disbursed as the Court may order.
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All parties reserved all rights under a motion or ex parte motion (and opposition

thereto) for a preliminary injunction.

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May 7, 2012
DATED: _______________

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__________________________________
THE HONORABLE NANDOR J. VADAS
Magistrate Judge of the U.S. District Court

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Approved as to form:

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HOUSER & ALLISON, APC

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/s/
_______________________
JASON K. BOSS
Attorneys for Defendants
DEUTSCHE BANK NATIONAL TRUST COMPANY,
a Tennessee corporation; IXIS REAL ESTATE
CAPITAL TRUST 2005-HE-3; OCWEN LOAN SERVICING, LLC

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NEARY and O’BRIEN
/s/
____________________________
CHRISTOPHER J. NEARY
Attorneys for Plaintiffs,
CHRISTOPHER GENE LYMAN
and JESSICA HELEN O’DANIEL

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[Proposed] ORDER PURSUANT TO STIPULATION
FOR MAINTENANCE OF PRELIMINARY INJUNCTION

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