Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Johnson v. Ocwen Loan Servicing LLC

United States District Court, N.D. Texas, Dallas Division

January 10, 2018

TERESA ANN JOHNSON, Plaintiff,
v.
OCWEN LOAN SERVICING LLC, AND WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR PARK PLACE SECURITIES, INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-WLLI, Defendants.

          FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE.

          DAVID L. HORAN UNITED STATES MAGISTRATE JUDGE.

         Defendants Ocwen Loan Servicing LLC (“Ocwen”) and Wells Fargo Bank, National Association (“Wells Fargo”), as Trustee for Park Place Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2005-WLLI (together, “Defendants”) filed a Motion for Summary Judgment [Dkt. No. 16] (the “MSJ”). Chief Judge Barbara M. G. Lynn referred the MSJ to the undersigned United States magistrate judge for recommendation, see Dkt. No. 31, and the undersigned issued a Findings, Conclusions, and Recommendation dated November 16, 2017, see Dkt. No. 34.

         The undersigned previously recommended that the Court grant the MSJ on Plaintiff Teresa Ann Johnson's claims under the Real Estate Settlement Procedures Act (“RESPA”) and under the Texas Debt Collection Act (“TDCA”), Texas Finance Code §§ 392.304(a)(8) and 392.304(a)(19). See Id. at 35. As to Ms. Johnson's remaining TDCA claim under Texas Finance Code § 392.301(a)(8), the undersigned concluded that Defendants had not met their initial burden in moving for summary judgment and recommended that the court deny summary judgment on Ms. Johnson's Section 392.301(a)(8) claim. See Id. at 29.

         Both parties filed objections to the Findings, Conclusions, and Recommendation, see Dkt. Nos. 37, 38, and, after conducting an independent review, the Court entered its Order Accepting in Part and Rejecting in Part Findings, Conclusions, and Recommendation of the United States Magistrate Judge, see Dkt. No. 41.

         The Court agreed that the MSJ should be granted as to Ms. Johnson's RESPA claims and as to her TDCA claims under Sections 392.304(a)(8) and (19). See Id. And those claims have been dismissed. See Dkt. No. 42. But the Court concluded that Defendants had satisfied their initial burden in moving for summary judgment on Ms. Johnson's TDCA claim under Section 392.301(a)(8) based on Defendants' argument as to Ms. Johnson's lack of actual damages, and the Court re-referred to the undersigned Defendants' MSJ on Ms. Johnson's Section 392.301(a)(8) claim. See Dkt. No. 41.

         The undersigned now concludes that Defendants' Motion for Summary Judgment [Dkt. No. 16] on Ms. Johnson's TDCA claim under Texas Finance Code § 392.301(a)(8) should be granted.

         Background

         Defendants moved for summary judgment on all of Ms. Johnson's claims against them under RESPA and the TDCA. Because the Court has entered judgment dismissing Ms. Johnson's RESPA and TDCA claims under Sections 392.304(a)(8) and (19), the undersigned now considers whether Defendants are entitled to summary judgment on Ms. Johnson's remaining TDCA claim under Section 392.301(a)(8).

         To determine the undisputed facts in this case, the undersigned has considered the evidence submitted by the parties to the extent that it is proper for consideration on this motion, as discussed below. These documents establish the following undisputed facts, which the undersigned identified in the Findings, Conclusions, and Recommendation dated November 16, 2017, but recounts here.

         Ms. Johnson owns a home located at 9611 Private Road 3826, Quinlan, Texas 75474 (the “Property”).

         On December 9, 2004, Ms. Johnson obtained a $160, 000 loan (the “Loan”) by signing a Texas Home Equity Adjustable Rate Note (the “Note”) and by, together with her husband, Robert Lukowicz, signing a Texas Home Equity Security Interest (First Lien) (“Security Interest”), which granted her lender a lien on the Property.

         Ocwen became the servicer of the Loan on November 1, 2011.

         By February 2014, Ms. Johnson was seven months behind on her payments on the Loan.

         In December 2014, Ms. Johnson's husband, Mr. Lukowicz, lost his job. Ms. Johnson was still seven months behind on her loan payments.

         Ms. Johnson made loan payments in January 2015 through July 2015 but did not bring her loan payments up to date, and she remained seven months behind.

         In July 2015, Ms. Johnson requested, and Ocwen provided, a loan modification application.

         In correspondence dated July 24, 2015, Ocwen notified Ms. Johnson of her default. The letter indicated that failure to bring her account current could result in Ocwen's election to foreclose on the Property and that, on acceleration of the Loan, Ms. Johnson's total obligation would immediately become due.

         Ms. Johnson attempted to make a loan payment for August 2015, but Ocwen did not accept ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.