Sencion v. Saxon Mortgage Services, Inc. et al

Filing 22

ORDER re 4 Defendant Ocwens Motion to Dismiss. Signed by Judge Patricia V. Trumbull on 9/1/10. (pvtlc1) (Filed on 9/3/2010)

Download PDF
Sencion v. Saxon Mortgage Services, Inc. et al Doc. 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OSCAR MADRIGAL SENCION, ) ) Plaintiff, ) ) v. ) ) SAXON MORTGAGE SERVICES, INC., ) et al., ) ) Defendants. ) ___________________________________ ) Case No.: C 10-3108 PVT INTERIM ORDER RE DEFENDANT OC W E N 'S MOTION TO DISMISS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION On August 31, 2010, the parties appeared for hearing on the motion to dismiss filed by Defendant Ocwen Loan Servicing, LLC ("Ocwen"). Based on the papers submitted and the discussions at the hearing, the court finds it appropriate to issue this interim order. Therefore, IT IS HEREBY ORDERED that, no later than September 15, 2010, Defendant Ocwen shall file a supplemental brief explaining what, if any, role it has played with regard to the loans secured by the subject property. Defendant Ocwen bases its motion to dismiss on its claim that it did not begin servicing those loans until after the trustee's sale of the property. However, because it appears both loans at issue were purchase money loans, it is unclear what debt remained to be serviced after the trustee's sale. See, CAL. CODE CIV. PRO. 580b (disallowing deficiency judgments on purchase money home loans); see also, Brown v. Jensen, 41 Cal.2d 193, 199 (1953) ("the security alone may be looked to for payment of a debt secured by a purchase money trust deed"). While it appears OR D E R, page 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dismissal of the complaint as drafted is warranted, whether leave to amend is warranted may depend on what role, if any, Defendant Ocwen has played in connection with the subject loans. Dated: 9/1/10 PATRICIA V. TRUMBULL United States Magistrate Judge OR D E R, page 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?