Hays v. Financial Freedom LLC, et al, No. 4:2017cv00603 - Document 29 (S.D. Tex. 2019)

Court Description: MEMORANDUM OPINION granting 17 MOTION for Summary Judgment (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)

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Hays v. Financial Freedom LLC, et al Doc. 29 United States District Court Southern District of Texas ENTERED September 24, 2019 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ELOUISE LAVERNE HAYS, § § § § § § § § § § Plaintiff, v. FINANCIAL FREEDOM LLC, AND CIT BANK, N.A., Defendants. David J. Bradley, Clerk CIVIL ACTION NO. H-17-603 MEMORANDUM OPINION Pending before the court1 is Defendant CIT (“CIT”) Motion for Summary Judgment (Doc. 17). Bank, N.A.’s The court has considered the motion, the response, all other relevant filings, and the applicable law. For the reasons set forth below, the court GRANTS CIT’s Motion for Summary Judgment. CIT first attempted foreclosure on Plaintiff’s residence located at 3130 Dacca Drive, Houston, Texas 77051 (the “Property”), because Plaintiff had failed to verify Property in accordance with her mortgage. lawsuit alleging that CIT’s foreclosure her occupancy of the Plaintiff filed this on her property unlawful because she was presently occupying the property. was CIT rescinded the default based upon Plaintiff’s occupancy of the Property. On September 6, 2019, the court held a status conference where the parties were in agreement that the motion for summary 1 The parties consented to proceed before the undersigned magistrate judge for all proceedings, including trial and final judgment, pursuant to 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73. See Doc. 15, Ord. Dated July 27, 2019. Dockets.Justia.com judgment is now unopposed.2 Accordingly, Defendant CIT Bank, N.A.’s motion for summary judgment is GRANTED. The court notes that this opinion only affects Plaintiff’s claim concerning the default related to her occupancy of the property. There has allegedly been a second default concerning unpaid insurance and taxes that is still a live dispute. SIGNED in Houston, Texas, this 24th day of September, 2019. 2 See Doc. 27, Ord. Dated Sept. 9, 2019. 2

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