Cross Motions for Summary Judgment

Bradburn Motion

Dkt 41- 10.04.2013 Plaintiff’s Motion for Partial Summary Judgment RE Mortgage Electronic Registration Systems, Inc., Recontrust Company, N.A., Bank Of America, N.A. And The Federal National Mortgage Association.pdf

Dkt 42-10.04.2013 Declaration of Scott Stafne in Support of Plaintiff’s Motion For Partial Summary Judgment RE REcontrust Company, N.A. & Bank Of America Corporation.pdf

Banks’ Opposition

Motion:  Dkt 51- 10.21.2013 Defendants’ Opposition to Borrower’s Second Motion For Partial Summary Judgment.pdf

Declarations: Dkt 34- 09.06.2013 Declaration of Recontrust Company, N.A..pdf

Dkt 35  - Dkt 35- 09.06.2013 Declaration of Heather Dispenza.pdf

Dkt 36  - Dkt 36- 09.06.2013 Declaration of Abraham K. Lorber.pdf

Bradburn Reply

Reply to Opposition:  10.28.2013 Reply to Defendants’ Opposition to Plaintiff’s Motion for Partial Summary Judgment.pdf

10.28.2013 Out of State Authorities.pdf

10.29.2013 Citation of Additional Authority And Citations to Cases Likely to Be Montioned Durning Oral Agrument on Cross Motions For Summary Judgment.pdf

10.29.2013 Illustrative Exhibits For Use at Oral Argument.pdf

Banks’ Motion

Dkt 38- 10.02.2013 Defendants’ Motion For Summary Judgment.pdf

Declarations: Dkt 34- 09.06.2013 Declaration of Recontrust Company, N.A..pdf

Dkt 35  - Dkt 35- 09.06.2013 Declaration of Heather Dispenza.pdf

Dkt 36  - Dkt 36- 09.06.2013 Declaration of Abraham K. Lorber.pdf

Bradburn Response

Response to Defense: Dkt 45- 10.21.2013 Response to Recontrust Motion for Summary Judgment.pdf

Dkt 46- 10.21.2013 Bradburn’s Objections To Defendants’ Motion For Summary Judgment Pleadings And Evidence Submitted Therewith.pdf

Declarations: Dkt 47- 10.21.2013 Declaration of Jacob Bradburn in Support of Response to Motion for Summary Judgment.pdf

Dkt 48- 10.21.2013 Judicial Notice of The Legislative History.pdf

Dkt 49- 10.21.2013 Declaration of Scott Stafne in Support of Response To Motion For Summary Judgment.pdf

Banks’ Reply

10.28.2013 Defendants’ Reply In Support of Motion for Summary Judgment.pdf

10.28.2013 Defendants Recontrust Company, N.A., et al Opposition to Borrower’s Objections to Defendants’ Motion for Summary Judgment And Evidence Submitted Therewith.pdf

Updated:

Re: Bradburn v. ReconTrust, et al. | No. 11-2-08345-2

“Dear Counsel:

Enclosed please find copies of my order denying the defendant’s motion for summary judgment, granting plaintiff’s cross motion for partial summary judgment on his consumer protection claims, and granting plaintiff’s motion for partial summary judgment declaring the foreclosure sale to be void and setting it aside.

I chose not to enter specific findings or conclusions of law, since they are not required. And any appellate court will undoubtedly sort through the record and discuss those salient facts which may be pertinent to its decision on review.

However, I did want to share my reasoning for the decisions I entered.

Obviously, this is yet another convoluted case in the minefield of mortgage foreclosure litigation involving MERS. Most of the facts surrounding the procedural history are not in dispute.”

Read the Judge’s Letter Here

“ORDER:

Based upon the Court’s review of the pleadings and the argument of counsel, defendant’s motion for summary judgment is denied, plaintiff’s cross motion for partial summary judgment declaring the nonjudicial foreclosure sale under the Deed of Trust Act void and setting aside that sale is granted, and plaintiff’s cross motion for partial summary judgment establishing liability under the Consumer Protection Act is granted.

DATED this 30th day of January, 2014.”

Read the Order Here

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