Gewecke et al v. US Bank, N.A. et al

Filing 72

ORDER re Report and Recommendation [Docket No. 55]: 1. The Court neither adopts nor rejects that portion of the Report and Recommendation relating to Counts I-VII of the Amended Complaint; in light of settlement, objections [Docket Nos. 56 and 57] ar e WITHDRAWN as moot; 2. The Court ADOPTS that portion of the Report and Recommendation granting plaintiff's motion for partial summary judgment (Claims VIII and IX) against defendants U.S. Bank, N.A., as trustee for CitiGroup Mortgage Loan Trust , 2007-AMC1, CitiGroup Mortgage Loan Trust 2007-AMC1, and Countrywide Home Loans, Inc., and determines as a matter of law that those defendants are in violation of 12 U.S.C. § 2605(e)(1)(A) and of Minn. Stat. § 47.205, subd. 2(3). According ly, IT IS HEREBY ORDERED that: 1. Defendants ACC Capital Holdings Corporation, and Argent Mortgage Company, LLCs motion to dismiss for failure to state a claim and for lack of standing [Docket No. 27] is DENIED as moot.2. Plaintiffs' motion for partial summary judgment [Docket No. 31] is GRANTED in part, and that, as a matter of law, defendants US Bank, N.A., as trustee for CitiGroup Mortgage Loan Trust, 2007-AMC1, CitiGroup Mortgage Loan Trust 2007-AMC1, and Countrywide Home Loans, Inc. are adjudged to have been in violation of 12 U.S.C. § 2605(e)(1)(A), and of Minn. Stat. § 47.205, subd. 2(3).(Written Opinion). Signed by Judge John R. Tunheim on September 13, 2010. (HAM)

Gewecke et al v. US Bank, N.A. et al

Doc. 72

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ______________________________________________________________________ STEVEN GEWECKE AND TAMARA GEWECKE, Plaintiffs, v. U.S. BANK, N.A., as trustee for CITIGROUP MORTGAGE LOAN TRUST 2007-AMC1; CITIGROUP MORTGAGE LOAN TRUST 2007-AMC1; ARGENT MORTGAGE COMPANY, LLC; ACC CAPITAL HOLDINGS CORPORATION; and COUNTRYWIDE HOME LOANS, INC., ORDER
Civ. No. 09-1890 (JRT/LIB)

Defendants. ______________________________________________________________________ Mark R. Ireland, Jane N. Bowman, and Kari A. Rudd, FORECLOSURE RELIEF LAW PROJECT, HOUSING PRESERVATION PROJECT, 570 Asbury Street, Suite 105, Saint Paul, Minnesota, 55104, for plaintiffs. Britta Loftus and Shari L.J. Aberle, DORSEY & WHITNEY LLP, Suite 1500, 50 South Sixth Street, Minneapolis, MN 55402, for defendants Argent Mortgage Company and ACC Capital Holdings Corp. Steven H. Bruns and Jared M. Goerlitz, PETERSON, FRAM & BERGMAN, P.A., 55 East Fifth Street, Suite 800, St. Paul, MN, 55101, for defendants US Bank, CitiGroup Mortgage Loan Trust 2007-AMC1, and Countrywide Home Loans. Defendants ACC Capital Holdings Corporation, and Argent Mortgage Company, LLC, reached a settlement with plaintiffs prior to the Court issuing an order on the parties' objections to the Report and Recommendation of the Magistrate Judge [Docket

Dockets.Justia.com

No. 55.] Based on the foregoing, all the files, records, and proceedings therein, including the arguments made by the parties on August 27, 2010: 1. The Court neither adopts nor rejects that portion of the Report and

Recommendation [Docket No. 55] relating to Counts I-VII of the Amended Complaint; in light of settlement, objections [Docket Nos. 56 and 57] are WITHDRAWN as moot; 2. The Court ADOPTS that portion of the Report and Recommendation

[Docket No. 55] granting plaintiff's motion for partial summary judgment (Claims VIII and IX) against defendants U.S. Bank, N.A., as trustee for CitiGroup Mortgage Loan Trust, 2007-AMC1, CitiGroup Mortgage Loan Trust 2007-AMC1, and Countrywide Home Loans, Inc., and determines as a matter of law that those defendants are in violation of 12 U.S.C. § 2605(e)(1)(A) and of Minn. Stat. § 47.205, subd. 2(3).. Accordingly, IT IS HEREBY ORDERED that: 1. Defendants ACC Capital Holdings Corporation, and Argent Mortgage

Company, LLC's motion to dismiss for failure to state a claim and for lack of standing [Docket No. 27] is DENIED as moot. 2. Plaintiffs' motion for partial summary judgment [Docket No. 31] is

GRANTED in part, and that, as a matter of law, defendants US Bank, N.A., as trustee for CitiGroup Mortgage Loan Trust, 2007-AMC1, CitiGroup Mortgage Loan Trust 2007-AMC1, and Countrywide Home Loans, Inc. are adjudged to have been in violation of 12 U.S.C. § 2605(e)(1)(A), and of Minn. Stat. § 47.205, subd. 2(3).

DATED: September 13, 2010 at Minneapolis, Minnesota.

______s/John R. Tunheim_______ JOHN R. TUNHEIM United States District Judge