Order denying motion of Plaintiff-Debtor for entry of default judgment and granting motion of Defendant Ocwen to dismiss amended complaint. Debtor filed complaint against mortgage loan servicer Ocwen regarding attempted foreclosure and against HOA on other various grounds. Court first determined Debtor had failed to certify proper service of complaint and summons, and no default had been entered. Court also found Ocwen had responded through its motion to dismiss. Court next analyzed Ocwen’s motion concluding that amended complaint did not contain sufficient factual allegations to raise a claim to relief for fraud above speculative level regarding right of Ocwen to foreclose under F.R.C.P. 12(b)(6), applicable through F.R.B.P. 7012(b), and F.R.C.P. 9(b), applicable through F.R.B.P. 7009. In addition, Court found Debtor bound by res judicata since these claims had previously been asserted in prior district court litigation and dismissed. Debtor also lacked standing to contest assignment of security deed.
Judge:
Date:
12/16/2016