WELLS FARGO BANK NATIONAL ASSOCIATION v. OLSEN et al

Filing 10

ORDER denying 9 Motion for Default Judgment. By June 30, 2017, Wells Fargo shall notify me in writing whether it intends to go forward with a default judgment hearing on Counts II-V of the Complaint or whether it will seek dismissal of its Complaint without prejudice pursuant to Rule 41. By JUDGE NANCY TORRESEN. (MMB)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
WELLS FARGO BANK, National
Association, as Trustee for SRMOF II
2011-1 Trust,
Plaintiff,
v.
SCOTT R. OLSEN and SHARRI A.
OLSEN,
Defendant
and
SAND CANYON CORPORATION
f/k/a OPTION ONE MORTGAGE
CORPORATION,
Party-in-Interest

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ORDER
Before me is Wells Fargo National Association’s (“Wells Fargo”) motion for
default judgment seeking a damages hearing on the mortgage foreclosure count in
the Complaint. Complaint—Count I (ECF No. 1). Based on my initial review of the
Complaint and the documents supporting the Complaint, it does not appear that
Selene Finance had proper title to the mortgage when it assigned the mortgage to
Wells Fargo on January 28, 2012. Complaint ¶ 14; Complaint Ex. H. Because Selene
Finance did not have proper title, its assignment to Wells Fargo appears to be invalid.
By June 30, 2017, Wells Fargo shall notify me in writing whether it intends to
go forward with a default judgment hearing on the other counts in its Complaint or

whether it will seek dismissal of its Complaint without prejudice pursuant to Rule
41. Fed. R. Civ. P. 41. The motion for default judgment is DENIED without prejudice.
SO ORDERED.
/s/ Nancy Torresen
United States Chief District Judge
Dated this 8th day of June, 2017.