West v. Ocwen Loan Servicing LLC et al
Filing
18
ORDER: Defendants' Motion to Dismiss (Doc. No. 12 ) is hereby GRANTED for the reasons set forth in the attached document. Signed by Judge Alvin W. Thompson on 8/24/17. (Mata, E.)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
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:
ROBERT WEST,
:
Plaintiff,
:
:
v.
:
:
OCWEN LOAN SERVICING, LLC,
:
AND DEUTSCHE BANK,
:
Defendants.
:
:
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Civil No. 3:16CV1523(AWT)
ORDER RE MOTION TO DISMISS
Defendants’ Motion to Dismiss (Doc. No. [12]) is hereby
GRANTED.
The defendants move to dismiss the instant action pursuant
to the doctrines of res judicata and collateral estoppel.
With
respect to the doctrine of collateral estoppel, the defendants
assert that the plaintiff is trying to relitigate the underlying
foreclosure, specifically, whether the note and the mortgage
were modified such that a foreclosure judgment would have been
precluded.
In each of Counts One, Two, and Three in this action
the plaintiff asserts claims resting on his contention that the
note and the mortgage were modified.
Consequently, the court is
granting the defendants’ motion to dismiss.
The Clerk shall close this case.
It is so ordered.
Dated this 24th day of August 2017, at Hartford,
Connecticut.
/s/AWT
Alvin W. Thompson
United States District Judge
2
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