SCOTT v. BAC HOME LOAN SERVICING, L.P. et al

Filing 77

MEMORANDUM AND ORDER THAT BAC HOME'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART, AND DENIED IN PART AS FOLLOWS: SUMMARY JUDGMENT ON PLAINTIFF'S CLAIM TO QUIET TITLE TO THE PROPERTY IS DENIED. SUMMARY JUDGMENT ON PLAINTIFF'S CLAIM T HAT THE COUNTRYWIDE MORTGAGE IS NULL AND VOID IS GRANTED. THE COUNTRYWIDE MORTGAGE IS VALID AND ENFORCEABLE. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT BAC HOME, AND AGAINST PLAINTIFF JESSE SCOTT. BAC HOME'S MOTION FOR SUMMARY JUDGMENT ON ITS COU NTERCLAIMS AGAINST PLAINTIFF JESSE SCOTT IS DISMISSED AS MOOT. FIRST AMERICA'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. COUNTERCLAIM DEFENDANT LOUDINE JOSEPH'S MOTION TO DISMISS IS GRANTED. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 1/26/16. 1/27/16 ENTERED & E-MAILED. FAXED BY CHAMBERS. COPY MAILED TO PRO SE PARTY BY CHAMBERS. (fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JESSE SCOTT

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CIVIL ACTION
v.
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NO. 13-5540
BAC HOME LOAN SERVICING, L.P., f/k/a :
COUNTRYWIDE HOME LOANS
:
SERVICING L.P., ET AL.
:
____________________________________________
BAC HOME LOAN SERVICING, L.P., f/k/a
COUNTRYWIDE HOME LOANS
SERVICING L.P.
v.
JESSE SCOTT AND LOUDINE JOSEPH
a/k/a LOUDINE SCOTT

:
:
:
:
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:
:

ORDER
AND NOW, this

26th day of

January

, 2016, upon consideration of

Counterclaim Defendant Loudine Joseph’s Motion to Dismiss Counterclaims (ECF No. 22),
BAC Home Loan Servicing, L.P. and Bank of America, N.A.’s Motion for Summary Judgment
(ECF No. 47), and Defendant First American Title Insurance Company’s Motion for Summary
Judgment (ECF No. 48), and all documents submitted in support thereof, and in opposition
thereto, it is ORDERED as follows:
A.

BAC Home’s Motion for Summary Judgment is GRANTED in part, and
DENIED in part as follows:
1.

Summary Judgment on Plaintiff’s claim to quiet title to the Property is
DENIED.

2.

Summary Judgment on Plaintiff’s claim that the Countrywide Mortgage is

null and void is GRANTED. The Countrywide Mortgage is valid and
enforceable. Judgment is entered in favor of Defendant BAC Home, and
against Plaintiff Jesse Scott.
B.

BAC Home’s Motion for Summary Judgment on its Counterclaims against
Plaintiff Jesse Scott is DISMISSED as moot.

C.

First American’s Motion for Summary Judgment is GRANTED.

D.

Counterclaim Defendant Loudine Joseph’s Motion to Dismiss is GRANTED.

IT IS SO ORDERED.

BY THE COURT:

______________________________
R. BARCLAY SURRICK, J.

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