Montoya v. Litton Loan Servicing, LP (In Re Beltramo)

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

THIS MATTER is before the Court on cross-motions for summary judgment filed by Defendant Specialized Loan Servicing, LLC (“SLS”) and Plaintiff Philip J. Montoya (the Chapter 7 Trustee). 1 Defendant Litton Loan Servicing, LP (“Litton”), filed a Disclaimer of Interest in this adversary proceeding, conceding that the mortgage that forms the basis of its claim was never recorded, consenting to judgment being entered against it, and acknowledging that its claim is a general unsecured claim. (See Docket # 16). At issue in this adversary…