Saccameno v. Ocwen Loan Servicing, LLC et al

Filing 265

MOTION by Defendants Ocwen Loan Servicing, LLC, U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Based Certificates, Series 2007 RP1 for judgment as a matter of law (Attachments: # 1 Memorandum of Law, # 2 Notice of Filing)(Evans, Lynne)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MONETTE E. SACCAMENO,
Plaintiff,
v.
OCWEN LOAN SERVICING, LLC, and U.S.
BANK NATIONAL ASSOCIATION, as trustee
for C-Bass Mortgage Loan Asset-Backed
Certificates, Series 2007 RP1,
Defendants.

:
:
: Case No. 1:15-cv-1164
:
: Hon. Joan B. Gottschall
:
: Magistrate Judge Susan E. Cox
:
:
:
:
:
:

DEFENDANTS’ MOTION FOR JUDGMENT AS A MATTER OF LAW
In accord with Fed. R. Civ. P. 50, Defendants, Ocwen Loan Servicing, LLC (“Ocwen”)
and U.S. Bank National Association, as trustee for C-Bass Mortgage Loan Asset-Backed
Certificates, Series 2007 RP1 (“U.S. Bank”) (together “Defendants”), respectfully move for
Judgment As A Matter of Law on Plaintiff, Monette E. Saccameno (“Plaintiff” or
“Saccameno”)’s claims.
Defendants’ Motion should be granted for five reasons:
First, there is no legally sufficient evidentiary basis for a reasonable jury to find for
Saccameno on the breach of contract claim (Count I), given that the evidence shows that
Defendants complied with the Mortgage, Saccameno failed to make her monthly payments and
there is no evidence of damages.
Second, there is no legally sufficient evidentiary basis for a reasonable jury to find for
Saccameno on the FDCPA claim (Count II) because there is no evidence that she sustained any
actual damages as a direct result of Ocwen’s failure to comply with the FDCPA after February
5, 2014.
Third, there is no legally sufficient evidentiary basis for a reasonable jury to find for
Saccameno on the ICFA claim (Count III) because Saccameno failed to prove that Ocwen
engaged in an unfair or material deceptive act or practice, or that Ocwen intended for Saccameno
intended for Saccameno to rely on any unfair or material deceptive act or practice, or that

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Saccameno sustained actual damages, i.e., actual pecuniary loss, proximately caused by an
unfair or material deceptive act or practice.
Fourth, there is no legally sufficient evidentiary basis for a reasonable jury to award
punitive damages on the ICFA claim (Count IV) because Saccameno has failed to prove: (1)
any pecuniary loss proximately caused by an unfair or deceptive practice, (2) conduct was
committed with fraud, actual malice, deliberate violence or oppression, or Ocwen acted
willfully, or with such gross negligence as to indicate a wanton disregard of the rights, or (3)
sufficient corporate management authorization or approval of the unfair or material deceptive
act or practice.
Fifth, there is no legally sufficient evidentiary basis for a reasonable jury to find for
Saccameno on the RESPA Claim (Count IV) because the evidence shows that Ocwen
investigated and provided written responses to Saccameno’s two written requests.
Dated: April 9, 2018

By:

/s/ Lynne E. Evans

Alexander D. Bono (Fed. Bar ID 25845)
Lynne E. Evans (Fed. Bar ID 313479)
Kelly K. Huff (Fed. Bar ID 319084)
DUANE MORRIS LLP
30 South 17th Street
Philadelphia, PA 19103
Tel: [phone]
Attorneys for Defendants, Ocwen Loan
Servicing, LLC and U.S. Bank National
Association, as trustee for C-Bass Mortgage
Loan Asset-Backed Certificates, Series 2007
RP1

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