Peiris v. Ocwen Loan Servicing, LLC (In re Peiris)

DECISION DENYING MOTION

HONORABLE NANCY HERSHEY LORD, UNITED STATES BANKRUPTCY JUDGE

Before the Court is a motion by creditor/defendant Ocwen Loan Servicing, LLC (“Ocwen” or the “Movant”) to dismiss the adversary complaint of chapter 13 debtors/plaintiffs Telge Peiris. and Ramya Peir-is (the “Debtors”), which seeks to “strip off’ Ocwen’s wholly unsecured second mortgage on the Debtors’ principal residence. In the alternative, Ocwen moves for judgment on the pleadings or for summary judgment. Ocwen argues that because no party filed a proof of claim on account of the second mortgage, the Court…