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Ruehle v. Ocwen Loan Servicing, LLC

United States District Court, W.D. Oklahoma

June 10, 2019

JEREMY D. RUEHLE and BRITTANI Y. RUEHLE, Plaintiffs,
v.
OCWEN LOAN SERVICING, LLC, FREEDOM MORTGAGE CORPORATION. a/k/a FREEDOM HOME MORTGAGE CORPORATION, and MORTGAGE INVESTORS CORPORATION, INC., Defendants. FREEDOM MORTGAGE CORPORATION, Counter-plaintiff,
v.
JEREMY D. RUEHLE, BRITTNI Y. RUEHLE, and JOHN AND JANE DOE, as occupants of the premises, Counter-defendants.

          JUDGMENT

          SCOTT L. PALK, UNITED STATES DISTRICT JUDGE.

         In accordance with the Court's summary judgment orders entered on December 10, 2018 [Doc. Nos. 114-115] and on January 29, 2019 [Doc. No. 143], judgment is entered as follows:

         (1) Judgment is entered in favor Defendant Ocwen Loan Servicing, LLC on the claims asserted against it by Plaintiffs Jeremy D. Ruehle and Brittani Y. Ruehle.

         (2) Judgment is entered in favor of Defendant Mortgage Investors Corporation, Inc. on the claims asserted against it by Plaintiffs Jeremy D. Ruehle and Brittani Y. Ruehle.

         (3) Judgment is entered in favor of Defendant Freedom Mortgage Corporation on the claims asserted against it by Plaintiffs Jeremy D. Ruehle and Brittani Y. Ruehle.

         (4) Judgment is entered in favor of Counter-plaintiff Freedom Mortgage Corporation on the claims it asserted against it Counter-defendants Jeremy D. Ruehle and Brittani Y. Ruehle as follows, with the following determinations by the Court:

(a) Freedom Mortgage's Motion for Summary Judgment was properly filed, and due and sufficient notice was afforded to the parties with respect thereto and service was regular in all respects.
(b) Jeremy D. Ruehle was served with Freedom Mortgage's Petition and summons on July 16, 2016, as provided by the statutes of the State of Oklahoma, and he filed an Amended Answer on August 8, 2017.
(c) Brittni Y. Ruehle was served with Freedom Mortgage's Petition and summons on July 16, 2016, as provided by the statutes of the State of Oklahoma, and she filed an Amended Answer on August 8, 2017.
(d) John and Jane Doe, as Occupants of the Premises, were not served with Freedom Mortgage's Petition and summons, and they are hereby dismissed as unnecessary parties because the property is owner-occupied according to the respective returns of service.
(e) No party has advised this Court of any bankruptcy proceeding.
(f) The Court is satisfied by the Military Affidavit and other evidence presented by Freedom Mortgage that Jeremy D. Ruehle and Brittni Y. Ruehle are not presently engaged in the military service of the United States, as provided by the Service-members Civil Relief Act of 2003, as determined by a search of the DOD Military Status website, in combination with the names and social security numbers on file with Freedom Mortgage's counsel.
(g) On December 30, 2011, Jeremy D. Ruehle, for good and valuable consideration, made, executed and delivered to Mortgage Investors Corporation, a promissory note (the “Note”), in writing, promising and agreeing to pay the holder thereof the sum of $129, 878.00, with interest thereon at the initial rate of 3.000% per annum on the unpaid balance.
(h) For the purpose of securing the payment of the Note and all of the indebtedness evidenced thereby, Jeremy D. Ruehle and Brittni Y. Ruehle made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Investors Corporation and Mortgage Investors Corporation, a mortgage ...

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