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Lawson v. Ocwen Loan Servicing LLC

United States District Court, W.D. Washington, Tacoma

August 29, 2019

LEON LAWSON, et al., Plaintiffs,
v.
OCWEN LOAN SERVICING LLC, et al., Defendants.

          ORDER DENYING MOTION TO TRO

          RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE.

         THIS MATTER is before the Court on Plaintiff Lawson's Motion for Preliminary Injunction or a TRO[1] [Dkt. # 11], precluding Defendants from conducting a foreclosure sale scheduled for Friday August 30. The Motion was filed August 29. Pro se plaintiff Lawson's complaint details defendants' Ocwen's history of what he claims are statutory and regulatory violations, and its failure to properly account for payments, but it is short on facts related to Lawson's loan. The TRO contains even fewer specific facts. Lawson claims that the note and deed of trust defendants relay upon are not authentic. The bulk of his factual allegations are conclusory:

1. I am disputing the validity of the Deed of Trust referenced by the Defendants. I contest the statement made by the defendants in the documentation received on August 21st, via first class mail,
a. Defendants claim to have submitted Exhibit A. a true and correct copy of the Note. I disagree and have knowledge and evidence that it is not a true correct copy.
b. Defendants claim to have submitted Exhibit B. a true and correct copy of the Deed of Trust. I have knowledge and evidence that this is not a true and correct copy.
c. It is imperative to leam intent of the assignor and any right of the assignee of record.
2. I am listed as a borrower on the letters received from the trustee of record Western Progressive of WA.
***
4. I am the real property owner and have been in possession of the premise for the past 12 years.
5. I have no knowledge of any debt or monies owed, however the Creditor has attempted to unlawfully collect from me personally.
6. There are fraudulent recordings made on record naming Deutsche Bank as trustee for a service pool and certificate trust, dated October of 2016.
7. The loan # referenced by the creditor is not documented and the origin of it I am unaware of.
***
12. The deed of trust is void and both Western Progressive and Deutsche Bank fraudulently misrepresented as ...

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