Donahue v. Federal National Mortgage Ass'n, No. 19-1618 (1st Cir. 2020)Annotate this Case
The First Circuit affirmed the grant of summary judgment to Ocwen Loan Servicing, LLC in Josephine Donahue's suit against Ocwen and the Government National Mortgage Association (GNMA), holding that summary judgment was properly granted on the only claim at issue here.
Donahue executed a mortgage for her home that was assigned to Ocwen. Donahue later defaulted on the mortgage. Ocwen held a foreclosure auction and was the highest bidder. Donahue subsequently field suit against GNMA and Ocwen, alleging three counts. The district court granted summary judgment to Ocwen on all claims but did not address Donahue's still-pending claims against GNMA. Donahue appealed, seeking review of only the grant of summary judgment to Ocwen on Count III of her complaint. Donahue subsequently dismissed her claims against GNMA. The First Circuit affirmed, holding (1) the prudent course is to assume appellate jurisdiction, despite the parties' disagreement as to whether this Court has appellate jurisdiction, given how clear the merits are; and (2) there was no disputed fact precluding summary judgment on the only claim at issue here.
This opinion or order relates to an opinion or order originally issued on August 14, 2020.