Harmon v. Ocwen Loan Servicing, LLC et al

Filing 16

ORDER granting 14 Motion to Set Aside foreclosure sale. The foreclosure sale of the Property on February 4, 2014, as reflected in the Deed Under Power, is hereby SET ASIDE AND RESCINDED. The Note and Security Deed are fully enforceable as if no fo reclosure had occurred. This order SHALL be recorded with the Office of the Clerk for Chatham County Superior Court with a cross-reference to the Security Deed recorded on December 20, 2001 in Deed Book311Q, Page 272, Chatham County, Georgia Records, the Assignment recorded in Deed Book 378T, Page 754, Chatham County, Georgia Records, and the Deed Under Power recorded at Deed Book 395Q, Page 179, Chatham County, Georgia Records. All remaining claims of Plaintiff, including claims for monetary relief, are dismissed with prejudice. The Clerk of Court is directed to close the case. Signed by Judge William T. Moore, Jr on 1/28/15. (wwp)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
JACQUELYN HARMON,
Plaintiff,
CASE NO. CV414-128

VB

OCWEN LOAN SERVICING, LLC and
U. S. BANK, NATIONAL
ASSOCIATION, as Trustee for CBass 2006-CB7 Trust, Mortgage
Loan Asset-Backed
Certificates, Series 2006-CB7,

N)
Co

Defendants.
ci
ORDER

Before this Court is the parties' Joint Motion to
Rescind Foreclosure Sale. (Doc. 14.) In the motion, the
parties request that the Court set aside and rescind the
February 4, 2014 foreclosure sale of the property commonly
known as 10405 Indigo Road, Savannah, Georgia 31406 (the
'Property"). (Id.) Defendant U.S. Bank is the holder of a
Security Deed conveying the Property to secure repayment of
a loan evidenced by a Promissory Note executed on July 31,
2006 in the amount of $141,100.00. On or about May 25,
2012, the Security Deed was assigned to Defendant U.S.
Bank. Defendant Ocwen is a loan servicer that serviced

Plaintiff's loan on behalf of Defendant U.S. Bank. On or
about February 4, 2014, Defendants caused the Property to
be offered for sale at auction to the highest bidder.
Defendant U.S. Bank was the highest bidder at the auction
and was granted title to the Property via a Deed Under
Power, recorded on April 17, 2014. The parties have
stipulated that Defendant U.S. Bank is the current owner of
the Property by virtue of the Deed Under Power.
After careful consideration, the parties' motion is
GRANTED.

The foreclosure sale of the Property on February

4, 2014, as reflected in the Deed Under Power, is hereby
SET

ASIDE AND RESCINDED.

The Note and Security Deed are

fully enforceable as if no foreclosure had occurred. This
order SHALL be recorded with the Office of the Clerk for
Chatham County Superior Court with a cross-reference to the
Security Deed recorded on December 20, 2001 in Deed Book
311Q, Page 272, Chatham County, Georgia Records, the
Assignment recorded in Deed Book 378T, Page 754, Chatham
County, Georgia Records, and the Deed Under Power recorded
at Deed Book 395Q, Page 179, Chatham County, Georgia
Records. All remaining claims of Plaintiff, including

claims for monetary relief, are

DISMISSED WITH PREJUDICE.

The Clerk of Court is DIRECTED to close this case.
SO ORDERED this

99 304

of January 2015.

WILLIAM T. MOORE, JR
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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