Wells Fargo Bank, National Association v. Pitre et al

Filing 23

ORDER ACCEPTING 21 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The summary judgment motion (ECF No. 12 ) filed by Plaintiff Wells Fargo Bank, N.A., as Trustee for Soundview Home Loan Trust 2007-OPT5, Asset-Ba cked Certificates, Series 2007-OPT5 ("Wells Fargo as Trustee"), is GRANTED. Wells Fargo as Trustee shall be authorized to foreclose upon the lien created by the Texas Home Equity Security Instrument (First Lien), dated 7/12/2007, and rec orded in the Dallas County real property records as Instrument Number 20070268636, against the encumbered real property and improvements located at 10810 Dove Brook Circle, Dallas, Texas, 75230. Wells Fargo as Trustee shall submit a proposed form of final judgment concerning the judicial foreclosure to the Court within ten days of this Order. (Ordered by Judge David C Godbey on 9/24/2018) (axm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION WELLS FARGO BANK, N.A., as Trustee for Soundview Home Loan Trust 2007OPT5, Asset-Backed Certificates, Series 2007-OPT5, Plaintiff, v. TRAVIS RENE PITRE, Defendant. § § § § § § § § No. 3:17-CV-3177-N (BT) § § § § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The Court has under consideration the Findings, Conclusions, and Recommendation of United States Magistrate Judge Rebecca Rutherford dated September 6, 2018. The Court has made a de novo review of those portions of the proposed Findings, Conclusions, and Recommendation to which objections were made. The objections are overruled. Accordingly, the Court accepts the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. IT IS THEREFORE ORDERED that the summary judgment motion (ECF No. 12) filed by Plaintiff Wells Fargo Bank, N.A., as Trustee for Soundview Home Loan Trust 2007-OPT5, Asset-Backed Certificates, Series 2007-OPT5 (“Wells Fargo as Trustee”), is GRANTED. IT IS FURTHER ORDERED that Wells Fargo as Trustee shall be authorized to judicially foreclose upon the lien created by the Texas Home Equity Security Instrument (First Lien), dated July 12, 2007, and recorded in the Dallas County real property records as Instrument Number 20070268636, against the encumbered real property and improvements located at 10810 Dove Brook Circle, Dallas, Texas, 75230. -1- Wells Fargo as Trustee shall submit a proposed form of final judgment concerning the judicial foreclosure to the Court within ten days of this Order. SO ORDERED, this 24th day of September, 2018. ______________________________________ DAVID C. GODBEY UNITED STATES DISTRICT JUDGE -2-

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