Elawyers Elawyers
Ohio| Change

U.S. v. Shaw, 2:16-cv-109-FtM-29UAM. (2019)

Court: District Court, M.D. Florida Number: infdco20190412d07 Visitors: 16
Filed: Apr. 11, 2019
Latest Update: Apr. 11, 2019
Summary: ORDER DOUGLAS N. FRAZIER , Magistrate Judge . This matter comes before the Court upon review of the Motion to Substitute Party Defendant filed on April 3, 2019. Doc. 62. In the Complaint, Plaintiff named Ocwen Loan Servicing LLC ("Ocwen") as a Defendant. Doc. 1. Ocwen was the original servicer for the note secured by a mortgage on the property located at 2301 Ivy Avenue, Fort Myers, Florida. Doc. 1 14-15. However, on August 28, 2018, the loan was transferred from Ocwen to Nationstar Mor
More

ORDER

This matter comes before the Court upon review of the Motion to Substitute Party Defendant filed on April 3, 2019. Doc. 62. In the Complaint, Plaintiff named Ocwen Loan Servicing LLC ("Ocwen") as a Defendant. Doc. 1. Ocwen was the original servicer for the note secured by a mortgage on the property located at 2301 Ivy Avenue, Fort Myers, Florida. Doc. 1 ¶¶ 14-15. However, on August 28, 2018, the loan was transferred from Ocwen to Nationstar Mortgage LLC d/b/a Mr. Cooper ("Nationstar"). Doc. 62 at 2; see Doc. 62-1. The motion requests that Ocwen be dismissed as a party to the case and that Nationstar be substituted in its place so that the proceeds of the sale can be disbursed and the mortgage satisfied. Doc. 62 at 2. Pursuant to Rule 25(c) of the Federal Rules of Civil Procedure, "[i]f an interest is transferred, the action may be continued by or against the original party unless the court, on motion, orders the transferee to be substituted in the action or joined with the original party." Fed. R. Civ. P. 25(c). Ocwen attached the document evidencing transfer of interest to Nationstar. Doc. 62-1. Based on the transfer of interest, the Court will substitute Nationstar for Ocwen.

ACCORDINGLY, it is

ORDERED:

1. The Motion to Substitute Party Defendant (Doc. 62) is GRANTED.

2. The Clerk is directed to edit the docket to add Nationstar Mortgage LLC d/b/a Mr. Cooper as a Defendant and terminate Ocwen Loan Servicing LLC as a Defendant.

DONE and ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer