Thomas et al v. Ocwen Loan Servicing LLC et al

Filing 62

STIPULATION AND ORDER re: Dismissal and Release of Funds Held in Court Registry re parties' 61 Stipulation. Signed by Judge Ricardo S. Martinez. (SWT) (cc: Finance)

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1 THE HON. JUDGE RICARDO S. MARTINEZ 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 8 9 10 11 12 13 CECIL THOMAS; PAMELA THOMAS, Plaintiffs, v. No. 2:17-CV-01222-RSM STIPULATION AND ORDER REGARDING DISMISSAL AND RELEASE OF FUNDS HELD IN COURT REGISTRY OCWEN LOAN SERVICING, LLC; DEUTSCHE BANK NATIONAL TRUST CO.; QUALITY LOAN SERVICE CORP., Defendants. 14 15 16 17 Plaintiffs and Defendants hereby stipulate as follows: 18 1. On November 11, 2017, the Court entered a Stipulated Preliminary Injunction 19 Order (the “PI”) (ECF No. 22) enjoining the defendants from foreclosing on the Deed of Trust 20 securing the loan at issue in this action until further order of the Court. The PI also required that 21 Plaintiffs pay to the Clerk of Court every month, beginning on December 1, 2017, the sum of 22 $1,844.77. Plaintiffs have made deposits in the total principal amount of $29,516.32 with the 23 Clerk of the Court. 24 2. The parties have reached agreement to resolve the action. 25 26 STIPULATION AND ORDER (No. 2:17-CV-01222RSM) –1 Perkins Coie LLP 505 Howard St., Suite 1000 San Francisco, CA 94105 Phone: 415.344.7000 Fax: 415.344.7050 1 3. The parties stipulate and agree that the Clerk of the Court should release the 2 funds, both principal and any accrued interest, to Plaintiffs, less any registry fee, and delivered to 3 their counsel of record Keith Karnes. 4 5 Stipulated and agreed. 6 7 8 9 10 11 12 13 14 By: s/ Thomas N. Abbott WSB No. 53024 Attorneys for Defendants OCWEN LOAN SERVICING, LLC AND DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR INDYMAC INDX MORTGAGE LOAN TRUST 2006AR4, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AR4 Perkins Coie LLP 505 Howard St., Suite 1000 San Francisco, CA 94105 Phone: 415.344.7000 Fax: 415.344.7050 Email: TAbbott@perkinscoie.com By: s/ Keith D. Karnes WSB No. 35000 Attorneys for Plaintiffs Cecil and Pamela Thomas Karnes Law Offices, PC 1860 Hawthorne Ave. N.E. Salem, OR 97301 Phone: 503.385.8888 Fax: 503.385.8899 Email: keith@keithkarnes.com 15 16 IT IS SO ORDERED. 17 18 DATED this 3 day of June 2019. 19 A 20 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 STIPULATION AND ORDER (No. 2:17-CV-01222-RSM) –2 Perkins Coie LLP 505 Howard St., Suite 1000 San Francisco, CA 94105 Phone: 415.344.7000 Fax: 415.344.7050

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