Abdosh et al v. Ocwen Loan Servicing, LLC et al

Filing 21

MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 7/30/2015. (kns, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

ABDELLA AHMED
ABDOSH, ET AL.
Debtor-Appellants

v.
OCWEN LOAN
SERVICING, LLC, ET AL.
Appellees

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Civil No. PJM 14-2916

MEMORANDUM OPINION
This case is on appeal from an order of the United States Bankruptcy Court for this
District. See In re Abdosh, 13-29298PM (Bankr. D. Md. Sept. 21, 2012); Abdosh et al. v. Ocwen
Loan Servicing, LLC et al., 14-190PM (Bankr. D. Md. Mar. 27, 2013). Debtor-Appellants
Abdella Ahmed Abdosh and Djuweria Mohammed Abdulahi sought a declaratory ruling that,
under a Chapter 13 plan, the mortgage on their primary residence could be bifurcated into a
secured claim up to the appraised value of the residence (i.e. $58,000) and an unsecured claim on
the remaining balance owing on the mortgage (i.e. $78,000). The Debtor-Appellants argued, for
various reasons, that 11 U.S.C. § 1322(b)(2) does not prohibit such a modification. After hearing
oral argument on July 24, 2014, the Bankruptcy Court held that the Debtor-Appellants were not
entitled to the bifurcation sought, and granted the motion to dismiss by Order entered July 31,
2014. This appeal followed.
This Court has reviewed the parties’ briefs, the Order, the transcript of oral argument, and
the record. Conclusions of law are reviewed de novo; findings of fact are reviewed for clear
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error. There is no need to re-visit in detail this clear legal issue. The Court adopts the reasoning
of the Bankruptcy Court, as well as the reasoning of Judge Hazel as set forth in Akwa v.
Residential Credit Solutions, Inc., 530 B.R. 309 (D. Md. 2015) and the reasoning of Judge
Grimm as set forth in Birmingham v. PNC Bank, N.A., Inc., 2015 WL 4111645 (D. Md. July 7,
2015).
For the foregoing reasons, the decision of the Bankruptcy Court is AFFIRMED. The
appeal is DISMISSED.
A separate Order will be ENTERED.

/s/________________
PETER J. MESSITTE
UNITED STATES DISTRICT JUDGE

July 30, 2015

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