Debtor filed objections to a claim filed by Homeward Residential, Inc., which was later transferred to Ocwen Loan Servicing, LLC. Debtor objected on the basis of a payment dispute and on legal grounds that due to a defect in the chain of title, U.S. National Bank Association, for whom Ocwen was servicing the loan, was not the proper security holder. Debtor’s payment dispute was based on an alleged modification of her first mortgage before it was transferred to Ocwen. At an evidentiary hearing, Debtor was unable to provide anything more than her own testimony that a modification had occurred and the statute of frauds applied. Addressing the legal arguments, the Court held that Debtor was judicially estopped from challenging the secured nature of the first mortgage because she had already taken a stance in an earlier proceeding that it was a secured claim so that she could strip the junior lien on the same property. The Court also disagreed with Debtor’s assertion that there was a defect in the chain of title, holding ultimately that Debtor failed to satisfy her burden of presenting evidence to go forward. Transfer of the title was found to be appropriate under the 2007 and current versions of O.C.G.A § 14-5-7.
File:
Date:
06/21/2013