Arkansas v. Specialized Loan Servicing LLC et al, No. 3:2021cv00122 - Document 32 (N.D. Tex. 2022)

Court Description: Order Accepting 31 Findings and Recommendations re: 29 Motion for Summary Judgment, filed by Wilmington Trust NA, Specialized Loan Servicing LLC. (Ordered by Judge Jane J Boyle on 3/4/2022) (ndt)

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Arkansas v. Specialized Loan Servicing LLC et al Doc. 32 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CHARLENE ARKANSAS, Plaintiff, v. SPECIALIZED LOAN SERVICING, LLC, WILMINGTON TRUST, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE FOR BEAR STERNS ASSET BACKED SECURITIES I TRUST 2006-HE4 ASSET-BACKED CERTIFICATES, SERIES 2006-HE4, and PAULA DIANE DUNCANSON, Defendants. § § § § § § § § § § § § § § § Civil Action No. 3:21-CV-0122-B-BH ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. Defendant’s Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56, filed August 20, 2021 (doc. 29), is GRANTED as to the defendants’ counterclaim for foreclosure and attorneys’ fees in the amount of $16,167.31, and DENIED as to their counterclaim for declaratory judgment. By separate judgment, the defendants will be awarded their attorneys’ fees in the amount of $16,167.31, and they will be authorized to foreclose on their lien on the real property located at 6415 Lazy River Drive, Dallas, Texas 75241 in accordance with the Note, Deed of Trust, and § 51.002 of the Texas Property Dockets.Justia.com Code. SIGNED this 4th day of March, 2022. _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE 2

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