Whitehead et al v. HMC Assets, LLC as Trustee for CAM Mortgage Trust 2013-1 et al

Filing 16

Judge Indira Talwani: ORDER entered denying 8 Motion for TRO; reserving ruling on 8 Motion for Preliminary Injunction. SEE ATTACHED ORDER FOR DETAILS. (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
KENNETH WHITEHEAD and LISA
WHITEHEAD,
Plaintiffs,
v.
HMC ASSETS, LLC AS TRUSTEE FOR
CAM MORTGAGE TRUST 2013-1 and
BSI FINANCIAL SERVICES, INC.,
Defendants.

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Civil Action No. 14-cv-13408-IT

ORDER
September 18, 2014
TALWANI, D.J.
Before the court is Plaintiffs’ Motion for Temporary Restraining Order and Preliminary
Injunction [#8]. Defendants have agreed that the foreclosure sale of Plaintiffs’ residential
property, scheduled for September 22, 2014, will be postponed for a period of three weeks. As a
result of this postponement, the court finds that there is no immediate risk of irreparable harm
justifying entry of a temporary restraining order. Accordingly, the request for a temporary
restraining order is DENIED.
Defendants have until September 24, 2014, to file an affidavit or affidavits authenticating
the allonges attached to Plaintiffs’ mortgage note. The court will thereafter address Plaintiffs’
Motion for Preliminary Injunction.
IT IS SO ORDERED.
/s/ Indira Talwani
United States District Judge