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.

FFGGP, Inc. v. Specialized Loan Servicing, LLC

United States District Court, N.D. Texas, Fort Worth Division

January 9, 2020

FFGGP, INC., Plaintiff,
v.
SPECIALIZED LOAN SERVICING, LLC, Defendant.

          MEMORANDUM OPINION AND ORDER

          MARK T. PITTMAN UNITED STATES DISTRICT JUDGE

         Before the Court is Defendant Specialized Loan Servicing, LLC; A Delaware Limited Liability Company's (“SLS”) Motion for Summary Judgment (ECF No. 25). Having considered the motion, related briefing, and applicable law, the Court finds that Defendant's Motion for Summary Judgement should be and is hereby GRANTED in part and DENIED in part. Plaintiff FFGGP, Inc., a Delaware Corporation as Trustee for the Fairway Park 2775 Land Trust's (“FFGGP”) claims are hereby DISMISSED with prejudice.

         BACKGROUND

         On or about September 8, 2010, Roger D. Freeman (now deceased) (“Borrower”), executed and delivered to American Southwest Mortgage Corp. (“American Southwest”) a Texas Home Equity Note (“Note”) in the original principal sum of eighty-four thousand dollars and zero cents ($84, 000.00). See Def.'s App. Supp. Mot. Summ. J., Ex. A. Contemporaneously, the Borrower executed a Deed of Trust in favor of American Southwest Mortgage Corp. See Id. Ex. B. The Deed of Trust conveyed the Property with power of sale. Id.

         On or about March 18, 2015, Mortgage Electronic Registration Systems, Inc. (“MERS”), as Nominee for American Southwest, its successors and assigns, assigned the Deed of Trust to Bank of America (BANA). See Id. Ex. D.

         The Borrower died on August 4, 2014. See id Ex. F. On February 17, 2015, BANA sent the Estate of Roger D. Freeman a Notice of Default and Intent to Accelerate based on its failure to pay the January and February 2015 monthly mortgage payments. See Id. Ex. I.

         On March 16, 2015, the Fairway Park Homeowners Association, Inc. (“HOA”) filed a Notice of Lien (“HOA Assessment Lien”) against the Property for nonpayment of HOA dues. See Id. Ex. G. In its Complaint, Plaintiff alleges that it acquired the Property under the HOA Assessment Lien Deed. Pl.'s First. Am. Compl. at 2.

         The Estate of Roger D. Freeman failed to remit monthly mortgage payments and the mortgage remained in default. On July 28, 2016, BANA sent the Estate of Roger D. Freeman a Notice of Acceleration. See Def.'s App. Supp. Mot. Summ. J., Ex. J.

         On November 9, 2016, BANA filed an Application for Foreclosure under Texas Rule of Civil Procedure 735 to obtain an Order for Foreclosure. On April 13, 2017, BANA assigned the Deed of Trust to SLS. See Id. Ex. E.

         On March 15, 2018, the 96th Judicial District Court of Tarrant County, Texas ordered “that Plaintiff, or its successors or assigns in interest, in accordance with Texas Constitution Article XVI, § 50a(6) shall enforce the Note default by foreclosing the security interest encumbering the Property pursuant to the Deed of Trust or Texas Property Code § 51.002.” See id. Ex. C. This order authorized SLS to foreclose on the Property. Id.

         On October 24, 2018, SLS sent the Estate of Roger D. Freeman a second Notice of Acceleration and a Notice of Non-Judicial Foreclosure Sale set for December 4, 2018. See Id. Ex. K. Pursuant to the Notice of Non-Judicial Foreclosure Sale, SLS foreclosed on December 4, 2018. See Id. Ex. L.

         Plaintiff filed the underlying lawsuit against Defendant on August 27, 2018, in the 96th Judicial District Court for Tarrant County, Texas. See Cause No. 096-302148-18. Defendant removed the case to this Court on October 25, 2018. See ECF No. 1. On August 18, 2019, Defendant filed a motion for summary judgment (ECF No. 25), Plaintiff filed a Response on August 28, 2010 (ECF No. 27), and Plaintiff filed its reply on September 11, 2019 (ECF No. 28). This motion is now ripe for review.

         LEGAL STANDARD

         The purpose of summary judgment is to isolate and dispose of factually unsupported claims or defenses. See Celotex Corp. v. Catrett, 477 U.S. 317, 327 (1986). Summary judgment is proper if the pleadings, the discovery and disclosure materials on file, and any affidavits “[show] that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A dispute about a material fact is genuine “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The trial court must resolve all reasonable doubts in favor of the party opposing the motion for ...


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.