Lucas v. Ocwen Loan Servicing LLC, et al

Filing 15

ORDER OF DISMISSAL re dfts' 7 Motion to Dismiss by Judge Robert S. Lasnik.(RS)cc Lucas

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOSEPH LUCAS,

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Plaintiff,
Case No. C12-1552RSL
v.
ORDER OF DISMISSAL

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OCWEN LOAN SERVICING, LLC, et
al.,

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Defendants.

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This matter comes before the Court on “Ocwen Loan Servicing, LLC and

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Litton Loan Servicing LP’s Motion to Dismiss Plaintiff’s Complaint.” Dkt. # 7. Plaintiff

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alleges that he received a notice in October 2011 that Litton was transferring to Ocwen

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the servicing obligations related to plaintiff’s mortgage. Plaintiff seeks an order requiring

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defendants to offer proof that they have the authority to foreclose on the mortgaged

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property and, in the absence of such proof, an order quieting title in plaintiff’s favor.

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Plaintiff does not dispute the existence of the underlying debt. Nor has he

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alleged any facts to suggest that the debt has been satisfied or that defendants (or any

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other party, for that matter) have initiated a foreclosure proceeding against the subject

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property. None of the prerequisites for a quiet title action having been pled, plaintiff’s

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ORDER OF DISMISSAL - 1

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claims are hereby DISMISSED. The Clerk of Court is directed to enter judgment in favor

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of defendants and against plaintiff.

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Dated this 20th day of December, 2012.
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A

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Robert S. Lasnik
United States District Judge

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ORDER OF DISMISSAL - 2