DEBRA M. BROWN, District Judge.
On September 25, 2017, Specialized Loan Servicing, LLC ("SLS") and Morgan Stanley Mortgage Capital Holdings, LLC ("Morgan Stanley") filed a "Motion to Compel Use and Occupancy Payments into the Court Registry." Doc. #47. Joe Clyde Tubwell responded in opposition on October 4, 2017, Doc. #49; and Morgan Stanley and SLS replied on October 6, 2017, Doc. #52. On October 11, 2017, Tubwell filed a "Motion for Leave to File a Surrebuttal." Doc. #54. SLS and Morgan Stanley responded on October 18, 2017, representing that they do not oppose Tubwell's motion for leave to file a surrebuttal. Doc. #55.
In their motion to compel, SLS and Morgan Stanley seek an order compelling Tubwell to make monthly payments into the registry of the Court for the use and occupancy of the property underlying this case. Doc. #47 at 1. They assert that "[a]s of January 1, 2017, Chalmers' mortgage had outstanding principal of $64,705.49 and was scheduled for monthly payments of $826.74, which included principal and interest of $547.10 plus $279.64 escrow for force placed insurance," and that "the loan was in default in the approximate amount of $5,345.38 and was due for the May 2016 payment." Id. at 3-4. Further asserting that the "delinquency has not been resolved and continues to grow" despite having "extended a trial loan modification offer to Tubwell," SLS and Morgan Stanley request that the Court order Tubwell to make monthly payments of $554.63 into the registry of the Court to prevent further delinquency. Id. at 4.
In response, Tubwell argues that (1) SLS and Morgan Stanley never offered him a trial loan modification; (2) SLS and Morgan Stanley did not support their motion with any legal authorities; (3) he is not responsible for any insurance payments made by SLS or Morgan Stanley; (4) there is no agreement in place that imposes a duty on him; and (5) only bankruptcy courts may order use and occupancy payments. Doc. #49 at 1-5. In their reply, SLS and Morgan Stanley argue that Tubwell admitted to signing the underlying deed of trust in his verified amended complaint, and attach as an exhibit to the reply a copy of a trial loan modification offer extended to Tubwell. Doc. #52; Doc. #52-1.
As Tubwell points out, SLS and Morgan Stanley do not provide any legal authority in support of their request to compel use and occupancy payments. They also do not explain how they arrived at the monthly payment amount of $554.63 they seek.
Given the lack of a memorandum brief with legal authority and analysis, the motion to compel use and occupancy payments [47] is