Cross Motions for Summary Judgment
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
Response to Defense: Dkt 45- 10.21.2013 Response to Recontrust Motion for Summary Judgment.pdf
Re: Bradburn v. ReconTrust, et al. | No. 11-2-08345-2
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.”
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.”