Hays v. Financial Freedom LLC, et al
Filing
29
MEMORANDUM OPINION granting 17 MOTION for Summary Judgment (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
United States District Court
Southern District of Texas
ENTERED
September 24, 2019
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ELOUISE LAVERNE HAYS,
§
§
§
§
§
§
§
§
§
§
Plaintiff,
v.
FINANCIAL FREEDOM LLC, AND
CIT BANK, N.A.,
Defendants.
David J. Bradley, Clerk
CIVIL ACTION NO. H-17-603
MEMORANDUM OPINION
Pending
before
the
court1
is
Defendant
CIT
(“CIT”) Motion for Summary Judgment (Doc. 17).
Bank,
N.A.’s
The court has
considered the motion, the response, all other relevant filings,
and the applicable law.
For the reasons set forth below, the court
GRANTS CIT’s Motion for Summary Judgment.
CIT
first
attempted
foreclosure
on
Plaintiff’s
residence
located at 3130 Dacca Drive, Houston, Texas 77051 (the “Property”),
because Plaintiff
had
failed
to
verify
Property in accordance with her mortgage.
lawsuit
alleging
that
CIT’s
foreclosure
her
occupancy
of
the
Plaintiff filed this
on
her
property
unlawful because she was presently occupying the property.
was
CIT
rescinded the default based upon Plaintiff’s occupancy of the
Property. On September 6, 2019, the court held a status conference
where the parties were in agreement that the motion for summary
1
The parties consented to proceed before the undersigned magistrate
judge for all proceedings, including trial and final judgment, pursuant to 28
U.S.C. § 636(c) and Federal Rule of Civil Procedure 73. See Doc. 15, Ord. Dated
July 27, 2019.
judgment is now unopposed.2
Accordingly, Defendant CIT Bank,
N.A.’s motion for summary judgment is GRANTED.
The court notes that this opinion only affects Plaintiff’s
claim concerning the default related to her occupancy of the
property.
There has allegedly been a second default concerning
unpaid insurance and taxes that is still a live dispute.
SIGNED in Houston, Texas, this 24th day of September, 2019.
2
See Doc. 27, Ord. Dated Sept. 9, 2019.
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?