Kelly v. Ocwen Loan Servicing LLC, et al.
Annotate this CaseSummary judgment was granted to Ocwen Loan Servicing, LLC (Ocwen), as were motions to dismiss filed by Jennifer Shackelford (Shackelford), Liberty Home Equity Solutions, Inc. (Liberty), and Professional Services of Potts Camp, Inc. (Potts Camp). As to the summary-judgment motion, the chancery court granted it on grounds that the deed under which Julia Kelly claimed her property interest was a void conveyance under long-standing homestead law, codified in Mississippi Code Section 89-1-29 (Rev. 2011). As to the motions to dismiss, the chancery court granted those motions after determining Kelly’s claims were time-barred by the relevant statutes of limitation. In 1993, Harvey Lamb and his wife Idele, conveyed the Subject Property to their son, Harvey Lamb (Lamb), via warranty deed. Lamb lived on this property with his wife, Sydney. Years later, in March 2010, Lamb executed a “Warranty Deed With Restriction” that conveyed the Subject Property to him and his wife, “for their lifetime, with the remainder at their death or revocation of life estate, to their daughter, Julia L. Kelly[.]” Sydney never joined in the execution of the 2010 Warranty Deed. At some point after the 2010 Warranty Deed, Lamb and Sydney divorced. In connection with their divorce, Sydney executed a “Quit Claim Deed & Relinquishment of Life Estate” in May 2012. In 2015, Lamb received a reverse mortgage from Liberty; a deed of trust relating to this mortgage encumbered the property. Lamb died in 2017. Kelly was Lamb’s sole heir, and she was appointed administratrix of his estate. In January 2018, Liberty assigned the 2015 Deed of Trust to Ocwen. Ocwen alleged that Lamb was in default under the 2015 Deed of Trust and that the loan had been accelerated. Ocwen sought a declaration that the conveyance to Kelly under the 2010 Warranty deed was void because Sydney did nto join in it, and that the conveyance should have been set aside as a cloud on title. Kelly counterclaimed against Ocwen and cross-claimed against Shackleford, Liberty and Potts Camp. Finding no reversible in the chancery court's order granting summary judgment and dismissing the other claims, the Mississippi Supreme Court affirmed.
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