Filed: Sep. 21, 2015
Latest Update: Sep. 21, 2015
Summary: ORDER KIMBERLY J. MUELLER , District Judge . This matter is before the court on plaintiff Nelson Lac's ex parte application for a temporary restraining order barring the foreclosure sale of his home. ECF No. 13. Lac filed a complaint in this court on March 9, 2015. ECF No. 1. He alleges the defendant, Nationstar Mortgage LLC, did not comply with California Civil Code section 2923.55 before initiating foreclosure proceedings. Id. 9. Specifically, Lac alleges Nationstar did not respond
Summary: ORDER KIMBERLY J. MUELLER , District Judge . This matter is before the court on plaintiff Nelson Lac's ex parte application for a temporary restraining order barring the foreclosure sale of his home. ECF No. 13. Lac filed a complaint in this court on March 9, 2015. ECF No. 1. He alleges the defendant, Nationstar Mortgage LLC, did not comply with California Civil Code section 2923.55 before initiating foreclosure proceedings. Id. 9. Specifically, Lac alleges Nationstar did not respond ..
More
ORDER
KIMBERLY J. MUELLER, District Judge.
This matter is before the court on plaintiff Nelson Lac's ex parte application for a temporary restraining order barring the foreclosure sale of his home. ECF No. 13.
Lac filed a complaint in this court on March 9, 2015. ECF No. 1. He alleges the defendant, Nationstar Mortgage LLC, did not comply with California Civil Code section 2923.55 before initiating foreclosure proceedings. Id. ¶ 9. Specifically, Lac alleges Nationstar did not respond to several letters requesting a home mortgage loan modification before it recorded a notice of default in late 2014. See id. ¶¶ 3-7. The court granted Lac's motion to proceed in forma pauperis on March 18, 2015. ECF No. 4. The United States Marshals Service completed service, and a summons was returned executed and filed on the docket on August 24, 2015. ECF No. 11. Nationstar has not yet appeared or filed a responsive pleading. On September 17, 2015, Lac filed a "Motion for Entry of Default" against Nationstar. ECF No. 12.
On September 20, 2015, Lac filed the current ex parte application, notifying the court a foreclosure sale has been scheduled for October 13, 2015. App. 3, ECF No. 13. No regular civil law and motion hearing date is available on the court's calendar before that date. To his application Lac attached his declaration and that of his counsel describing the basis of his request, ECF Nos. 13-1, 13-2, copies of letters he sent to Nationstar requesting a loan modification, ECF No. 13-3, a copy of a letter he received from Nationstar, and the recorded notice of default and notice of trustee's sale, scheduled for October 13, 2015, at 9:30 a.m., ECF No. 13-4.
First, given the unusual circumstances of this case, the court declines to strictly impose the requirements listed in Local Rule 231.1 The complaint, legal memorandum, affidavits, attached exhibits, and service by the United States Marshals Service accomplish the goals of that Rule.
Second, in the interest of justice and an efficient resolution of this case, the court defers its decision on Lac's ex parte application for a temporary restraining order pending a hearing, and orders as follows:
(1) A hearing is SET for Tuesday, October 6, 2015, at 2:30 p.m. in Courtroom 3 before the undersigned; and
(2) Plaintiff's counsel shall immediately contact Nationstar and (a) notify it of the pending application for a temporary restraining order and the hearing above, (b) serve a copy of this order on Nationstar, and (c) file proof of service of both (a) and (b).
IT IS SO ORDERED.
