Kaech v. Ocwen Loan Servicing LLC et al

Filing 4

ORDER GRANTING PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER. Hearing on Motion for Preliminary Injunction set for 10/22/2014 at 10:30 AM in Spokane, Washington, Post Office - Courtroom 3, before Judge Stanley A Bastian. Signed by Judge Stanley A Bastian. (PL, Case Administrator)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF WASHINGTON

9
10 VICTOR JAMES KAECH,
Plaintiff,

11
12

NO. 2:14-cv-00330-SAB

v.

13
14 OCWEN LOAN SERVICING, LLC.; U.S.
BANK NATIONAL ASSOCIATION, AS
15 TRUSTEE UNDER MORTGAGE
16 POOLING AND SERVICING
AGREEMENT DATED AS OF AUGUST
17 1, 2007 MASTR ASSET-BACKED
18 SECURITIES TRUST 2007 HE-2
MORTGAGE PASS-THROUGH
19 CERTIFICATES, SERIES 2007-HE2;
20 FIDELITY NATIONAL TITLE
INSURANCE COMPANY and DOE
21 DEFENDANTS 1 through 20,
22
Defendants.

ORDER GRANTING
PLAINTIFF’S MOTION FOR
TEMPORARY RESTRAINING
ORDER

23
24

Before the Court is Plaintiff’s Complaint Motion for Temporary Restraining

25 Order and/or Preliminary Injunction, contained within ECF No. 2. Specifically,
26 plaintiffs request a temporary restraining order and/or preliminary injunction
27 preventing the October 10, 2014 at 10:00 a.m. foreclosure sale of Plaintiff’s real
28
ORDER GRANTING PLAINTIFF’S MOTION FOR TEMPORARY
RESTRAINING ORDER ~ 1

1 property. Plaintiff maintains “numerous defects with the pending foreclosure sale”
2 and has filed a complaint alleging numerous violations of Washington state law.
3 Plaintiff filed his complaint in Chelan County Superior Court on October 3, 2014.
4 Defendant Fidelity National Title Insurance Company removed the case to this
5 Court on October 7, 2014.
6

The sale of real property would prevent the Court from entertaining the

7 requested relief and would render Plaintiff’s case moot. See Vegas Diamond
8 Props., LLC v. F.D.I.C., 669 F.3d 933, 936 (9th Cir. 2012). Additionally, the sale
9 of Plaintiff’s property would deprive Plaintiff of his home and the equity therein.
10 The Court, therefore, finds the plaintiff will suffer irreparable injury if any of the
11 defendants foreclose on his property before a hearing on the matter of a
12 preliminary injunction is held. Plaintiff’s motion for a temporary restraining order
13 is granted so that the parties may be fully heard on the motion for a preliminary
14 restraining order.
15

Accordingly, IT IS HEREBY ORDERED:

16

1. Plaintiff’s Motion for a temporary restraining order, contained within

17
18

ECF No. 2, is GRANTED.
2. The Court enjoins any attempt to foreclose on any real property of the

19

plaintiff, Victor James Kaech, by any of the defendants or their

20

representatives, for a period of time from 5:00 p.m. on October 9, 2014

21

until 5:00 p.m. on October 23, 2014. Specifically, the Court enjoins the

22

sale of the real property located at 1921 Dorner Place, Wenatchee, WA

23

98801-7351.

24

3. A hearing shall be held on the motion for preliminary injunction, subject

25

to service of a motion and accompanying documents on the defendant, at

26

10:30 a.m., on October 22, 2014, in Spokane, Washington, unless the

27

parties stipulate to an extension of the hearing.

28
ORDER GRANTING PLAINTIFF’S MOTION FOR TEMPORARY
RESTRAINING ORDER ~ 2

1

4. For purposes of this temporary restraining order only, the Court waives

2

the security requirement under Federal Rule of Civil Procedure 65(c) due

3

to the plaintiff’s alleged financial hardship.

4

IT IS SO ORDERED. The District Court Executive is hereby directed to

5 file this Order and provide copies to counsel.
6

DATED this 9th day of October, 2014.

7
8
9
10
11
12
13

Stanley A. Bastian

United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER GRANTING PLAINTIFF’S MOTION FOR TEMPORARY
RESTRAINING ORDER ~ 3