Ronald Bernard Sheckler vs. Ocwen Loan Servicing
Nature of Proceeding:
Filed By:
Motion for Preliminary Injunction
Sheckler, Ronald

Plaintiffs’ Application for Preliminary Injunction is unopposed and is granted.

This dispute arises out of an alleged acceptance of Plaintiff’s HAMP loan modification and a subsequent attempt to foreclose on the property. Plaintiff appeared at an ex parte appointment on January 3, 2014 seeking to enjoin the foreclosure sale at 8599 Everglade Drive that was set for January 6, 2014.

The Court granted the OSC/TRO enjoining the sale, and defendants were ordered to appear on this date. Defendants were given until January 16, 2014 to file an opposition and no opposition has been filed.

The proofs of service in CCMS show personal service of the ex parte order on defendants on January 3, 2014. See Register of Actions Nos. 18 and 19.

Plaintiffs have stated under penalty of perjury that defendants are attempting to foreclose on the property even though their HAMP loan modification was accepted.

Plaintiffs also contend that the notices of default and sale were not posted in compliance with the statutory time requirements. (Declaration of plaintiffs) In the absence of any opposition by defendants disputing plaintiffs’ declarations, the Court finds that the harm to plaintiff were the foreclosure to proceed far outweighs any harm to defendants by delaying the foreclosure sale.

Defendants are enjoined from conducting a foreclosure sale of property at 8599 Everglade Drive pending the trial of this action.

Plaintiff’s are ordered to post a preliminary injunction bond in the amount of $7,500. The notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06(D). Counsel for moving party is directed to contact counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the Court’s tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B).

The prevailing party is directed to prepare a formal order complying with C.C.P. §437c(g) and C.R.C. Rule 3.1312. The formal order will not be signed unless plaintiffs present proof that the bond has been posted.