Ocwen Loan Servicing v. Phelps

Filing 30

MEMORANDUM AND ORDER, The Court reserves the ruling on 28 strikes 29 and orders Ocwen to submit a supplemental brief. Signed by Judge J. Phil Gilbert on 3/27/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
OCWEN LOAN SERVICING,
Plaintiff,
v.

Case No. 10-cv-762-JPG-SCW

TIONGCO F. PHELPS,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the motion of plaintiff Ocwen Loan Servicing to
substitute Nationstar Mortgage, LLC as the plaintiff in this case (Doc. 28). Ocwel asserts that it
has transferred its interest in this matter to Nationstar, but it has provided no evidentiary support
for that transfer.
Federal Rule of Civil Procedure 25(c) provides a procedural mechanism for authorizing
such a substitution, but whether the substitution is warranted depends on whether the interest was
actually transferred as a matter of substantive law. See Panther Pumps & Equip. Co. v.
Hydrocraft, Inc., 566 F.2d 8, 24-25 (7th Cir. 1977). Ocwen has provided no evidence of a valid
transfer of interest. The Court ORDERS that Ocwen shall have up to and including April 11,
2014, to submit a supplemental brief describing the nature of the transfer and setting forth
supporting evidence. The Court RESERVES RULING on the motion to substitute (Doc. 28)
pending receipt of the supplemental brief. The Court further STRIKES the motion for an order
approving the report of sale (Doc. 29) because it is not double-spaced as required by Local Rule
5.1(b).
IT IS SO ORDERED.
DATED: March 27, 2014

s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE