Legal Opinion
Hernandez v. US Bank, N.A.
District Court, D. Rhode Island
Decided June 18, 2018No. C.A. No. 18–121 WESPublishedCited by 3 opinions
1Opinion of the Court
WILLIAM E. SMITH, Chief Judge.
Plaintiffs filed this action in state court to rescind what they consider a faulty foreclosure. (Compl., ECF No. 1-1.) After the case was filed, but not before the state court entered a default against Ocwen Loan Servicing, LLC, ("Ocwen Loan"), Defendants removed it to this Court. (Notice of Removal, ECF No. 1.) Pending now are Plaintiffs' Motion to Remand (ECF No. 8) and Ocwen Loan's Motion to Vacate Entry of Default (ECF No. 5). Also pending is the parties' Joint Motion to Rescind Foreclosure (ECF No. 15). The Court GRANTS Plaintiffs' Motion, remanding the case…
2Cases cited9 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Dart Cherokee Basin Operating Co. v. OwensSupreme Court of the United States · 2014
- Esperanza Corral v. Select Portfolio ServicingCourt of Appeals for the Ninth Circuit · 2017
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3Cited by3 opinions
- Maine Community Health Options v. CVS Pharmacy, Inc.District Court, D. Rhode Island · 2020
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- Walker v. The Bank of New York MellonDistrict Court, D. Rhode Island · 2021