Bank of New York Mellon v. New Century Loan Servicing, LLC et al

Filing 108

MEMORANDUM ADOPTING 105 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is, therefore, ORDERED that Derek and Amanda Real Estate LLC's ("DARE") Motion for Default Judgment (Dkt. # 83 ) and Supplement thereto (Dkt. # 95 ) are GRANTED, and a final default judgment shall be entered, by separate order, for DARE against Jacobs and the 2006 HTWYC Loan Trust. Signed by District Judge Amos L. Mazzant, III on 9/26/2019. (rpc, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

BANK OF NEW YORK MELLON, AS
TRUSTEE FOR THE CERTIFICATE
HOLDERS OF THE CWALT, INC.,
ALTERNATIVE LOAN TRUST 2006-29T1,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-29T1,
F/K/A THE BANK OF NEW YORK

v.
NEW CENTURY LOAN SERVICING,
LLC, ET AL.

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§ Civil Action No. 4:17-CV-646
§ (Judge Mazzant/Judge Nowak)
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MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On July 18, 2019, the report of the Magistrate Judge (Dkt. #105) was entered containing proposed
findings of fact and recommendations that Defendant and Cross-Plaintiff Derek and Amanda Real
Estate LLC’s Motion for Default Judgment (Dkt. #83) and Supplement thereto (Dkt. #95)
(“DARE’s Motion”) against Defendant and Cross-Defendant Arlando Jacobs a/k/a Raymond
Donovan (“Jacobs”) , individually, and as Trustee for the 2006 HTWYC Loan Trust, 4301 Series
Trust (“2006 HTWYC Loan Trust”) be granted, and that final default judgment be entered for
DARE against Jacobs and the 2006 HTWYC Loan Trust.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, the Court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and
conclusions of the Court.

It is, therefore, ORDERED that DARE’s Motion for Default Judgment (Dkt. #83) and

.

Supplement thereto (Dkt. #95) are GRANTED, and a final default judgment shall be entered, by
separate order, for DARE against Jacobs and the 2006 HTWYC Loan Trust.
All relief not previously granted is DENIED.
IT IS SO ORDERED.

SIGNED this 26th day of September, 2019.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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