Appellate Circuit

Foreclosure: Court of Appeals for the Second Circuit Ask CFPB to Weigh In on Homeowner versus PHH Ocwen

Kim Naimoli v Ocwen Loan Servicing, now PHH Mortgage Corporation receives response from CFPB at request of Second Circuit Panel on Appeal.

Naimoli v. Ocwen Loan Serving, LLC

6:18-CV-06180 EAW (W.D.N.Y. Apr. 29, 2020)

APR 29, 2020 | REPUBLISHED BY LIT: AUG 31, 2021

The mortgage loan at issue was executed by Plaintiff on or about June 25, 2008, in favor of IndyMac Bank, F.S.B. (“IndyMac”), and was subject to a Consolidation, Extension and Modification Agreement (the “CEMA”). (Dkt. 47 at ¶ 1; Dkt. 55 at ¶ 1). The CEMA consolidated the following two existing loans and related mortgages that encumbered property located at 827 South Main Street, Geneva, New York

On or about September 1, 2013, IndyMac Mortgage Services, a division of OneWest Bank, F.S.B., transferred the servicing of the Mortgage Loan to Ocwen.

On or about August 11, 2015, Defendant notified Plaintiff that there were issues with her mortgage title that prevented acceptance into HAMP. (Id.).

LIT Comment; In other Words, the Hon. Judge Stephen Wm. Smith is justified again and the Fifth Circuit issued a Corrupt Opinion, Twice.

Second Circuit Appeal

Naimoli v. Ocwen Loan Servicing, LLC , 20-1683 (May 29, 2020 Appeal)

On April 13, 2021, the panel of this Court considering the appeal in this case requested the views of the Bureau concerning the interpretation of a provision of RESPA, 12 U.S.C. § 2605(k)(1)(C), and a provision of Regulation X, 12 C.F.R. § 1024.35(b).

In particular, the Court’s letter noted that the district court held that “the failure to record instruments does not concern servicing because it does not relate to the receipt or making of payments pursuant to the terms of Plaintiff’s loan with Defendant and therefore is not an error covered by these provisions” and that “errors in the evaluation of loss mitigation options are not covered errors under § 1024.35(b)’s catch-all provision.” Dkt. No. 114 (cleaned up).

Contrary to the district court’s conclusion, the Bureau believes that the servicer’s mismanagement of the borrower’s mortgage loan documents in this case, including the servicer’s failure to record those documents after telling the borrower it would do so, is a covered error under § 1024.35(b)’s catch-all provision.

And although the district court rightly concluded that a servicer’s failure to correctly evaluate a borrower for a loss mitigation option is not a covered error, that narrow exception does not relieve a servicer of its obligation to respond to otherwise valid error assertions that arise in the context of a request for loss mitigation.

Another Top Legal Advisor at CFPB Walks Out the Door And Joins Opposing Counsel, A Creditor Rights Firm

John Coleman joined the CFPB just after its inception and had his hand in almost every case the agency tried. Now he’s at Buckley LLP.

Community Financial Services Association of America Ltd v. Consumer Financial Protection Bureau, W.D. Tex.

The court granted the CFPB’s motion for summary judgment and denied the CFSA’s motion and entered final judgment in the case.

NYC’s New Laws and Recent Opinions Affecting Foreclosures Creates Nationwide Split And Raises Questions of Partiality

The Chief Judge is Janet DiFiore and she is a client of Greenberg Traurig, who represented two lenders on appeals she reversed in their favor.

Case Selection Page

Case Number
Title
Opening Date
Status
Last Docket
Entry
Originating Case Number
Origin
20-1683
Naimoli v. Ocwen Loan Servicing, LLC
05/28/2020
Open
08/26/2021
15:24:28
0209-6 : 18-cv-6180
WDNY (ROCHESTER)

 

General Docket
Court of Appeals, 2nd Circuit
Court of Appeals Docket #: 20-1683 Docketed: 05/28/2020
Nature of Suit: 3890 STATUTES-Other
Naimoli v. Ocwen Loan Servicing, LLC
Appeal From: WDNY (ROCHESTER)
Fee Status: Paid
Case Type Information:
     1) Civil
     2) Private
     3) –
Originating Court Information:
     District: 0209-6 : 18-cv-6180
     Trial Judge: Elizabeth A. Wolford, U.S. District Judge
     Trial Judge: Marian W. Payson, U.S. Magistrate Judge
     Date Filed: 03/01/2018
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     04/30/2020      04/30/2020      05/28/2020      05/28/2020
Prior Cases:
     None
Current Cases:
     None
Panel Assignment:      Not available

 

Kim Naimoli
Plaintiff – Appellant
Javier Luis Merino, Esq., –
Direct: 201-355-3440
[COR LD NTC Retained]
Dann Law Firm
Suite 5
372 Kinderkamack Road
Westwood, NJ 07675Marc E. Dann, Esq., –
Direct: 216-373-0539
[COR NTC Retained]
Dann Law Firm
15000 Madison Avenue
Lakewood, OH 44107
——————————
Ocwen Loan Servicing, LLC
Defendant – Appellee
Patrick G. Broderick, Esq., –
Direct: 561-650-7915
[COR LD NTC Retained]
Greenberg Traurig, P.A.
Suite 300 East
777 South Flagler Drive
West Palm Beach, FL 33401Leah Nicole Jacob, Esq., –
Direct: 212-801-2169
[COR NTC Retained]
Greenberg Traurig, LLP
39th Floor
MetLife Building
200 Park Avenue
New York, NY 10166Ryan Sirianni, Esq., –
Direct: 212-801-6789
[COR NTC Retained]
Greenberg Traurig, LLP
MetLife Building
200 Park Avenue
New York, NY 10166
————————–
Consumer Financial Protection Bureau
Amicus Curiae
Christopher Deal, Esq., –
Direct: 202-435-9582
[COR NTC Government]
Consumer Financial Protection Bureau
1700 G Street, NW
Washington, DC 20552
——————————
National Consumer Law center
Movant
Brian Lewis Bromberg, –
Direct: 212-248-7906
[COR LD NTC Retained]
Bromberg Law Office, P.C.
352 Rutland Road, #1
Brooklyn, NY 11225Eric Andrew Mercer, Esq., –
Direct: 916-361-6022
[COR NTC Retained]
Eric Andrew Mercer, Esq.
Suite 950
770 L Street
Sacramento, CA 95814
National Association of Consumer Advocates
Movant
Brian Lewis Bromberg, –
Direct: 212-248-7906
[COR LD NTC Retained]
(see above)Eric Andrew Mercer, Esq., –
Direct: 916-361-6022
[COR NTC Retained]
(see above)

Kim Naimoli,

Plaintiff – Appellant,

v.

Ocwen Loan Servicing, LLC,

Defendant – Appellee.

05/28/2020   1 
11 pg, 131.97 KB
NOTICE OF CIVIL APPEAL, with district court docket, on behalf of Appellant Kim Naimoli, FILED. [2850437] [20-1683] [Entered: 05/29/2020 12:16 PM]
05/28/2020   2 
36 pg, 164.67 KB
DISTRICT COURT DECISION AND ORDER, dated 04/29/2020, RECEIVED.[2850462] [20-1683] [Entered: 05/29/2020 12:30 PM]
05/28/2020   3 
1 pg, 71.07 KB
DISTRICT COURT JUDGMENT, dated 04/30/2020, RECEIVED.[2850465] [20-1683] [Entered: 05/29/2020 12:30 PM]
05/28/2020   4 PAYMENT OF DOCKETING FEE, on behalf of Appellant Kim Naimoli, district court receipt # 0209-3846957, FILED.[2850467] [20-1683] [Entered: 05/29/2020 12:31 PM]
06/05/2020   7 
1 pg, 398.39 KB
ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Ocwen Loan Servicing, LLC, FILED. Service date 06/05/2020 by CM/ECF.[2855614] [20-1683] [Entered: 06/05/2020 11:07 AM]
06/05/2020   8 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Ocwen Loan Servicing, LLC, FILED. Service date 06/05/2020 by CM/ECF. [2855621] [20-1683] [Entered: 06/05/2020 11:10 AM]
06/05/2020   9 
2 pg, 11.8 KB
DEFECTIVE DOCUMENT, Notice of Appearance as Additional Counsel, [8], on behalf of Appellee Ocwen Loan Servicing, LLC, FILED.[2855631] [20-1683] [Entered: 06/05/2020 11:12 AM]
06/05/2020   10 
1 pg, 170.63 KB
NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Ocwen Loan Servicing, LLC, FILED. Service date 06/05/2020 by CM/ECF. [2855726] [20-1683] [Entered: 06/05/2020 11:41 AM]
06/08/2020   11 CURED DEFECTIVE DOCUMENT: NOTICE OF APPEARANCE FOR ADDITIONAL COUNSEL, [9], [10], on behalf of Appellee Ocwen Loan Servicing, LLC, FILED.[2855963] [20-1683] [Entered: 06/08/2020 09:02 AM]
06/08/2020   12 ATTORNEY, Leah Nicole Jacob for Ocwen Loan Servicing, LLC, in case 20-1683, [10], ADDED.[2855965] [20-1683] [Entered: 06/08/2020 09:03 AM]
06/11/2020   13 
51 pg, 1.64 MB
FORM C, on behalf of Appellant Kim Naimoli, FILED. Service date 06/11/2020 by CM/ECF.[2859966] [20-1683] [Entered: 06/11/2020 03:49 PM]
06/11/2020   14 
1 pg, 341.24 KB
FORM D, on behalf of Appellant Kim Naimoli, FILED. Service date 06/11/2020 by CM/ECF.[2859968] [20-1683] [Entered: 06/11/2020 03:50 PM]
06/11/2020   16 
1 pg, 359.92 KB
ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant Kim Naimoli, FILED. Service date 06/11/2020 by CM/ECF.[2860081] [20-1683] [Entered: 06/11/2020 04:58 PM]
06/12/2020   18 
1 pg, 19.06 KB
CAMP ORDER, Type of Conference: Telephonic, Scheduled Date of Conference: 07/17/2020, Start Time: 10:30 AM, Required Attendees: Clients with Counsel, with Dean W.M. Leslie, ENTERED.[2860618] [20-1683] [Entered: 06/12/2020 11:36 AM]
06/12/2020   19 
8 pg, 435.8 KB
MOTION, for admission pro hac vice, on behalf of Appellant Kim Naimoli, FILED. Service date 06/15/2020 by CM/ECF.[2861431] [20-1683] [Entered: 06/15/2020 08:21 AM]
06/15/2020   21 
1 pg, 7.27 KB
INDEX/ROA NOTICE, to Appellant Kim Naimoli, past due material(s) to be submitted by 06/25/2020, SENT.[2861436] [20-1683] [Entered: 06/15/2020 08:23 AM]
06/18/2020   23 
13 pg, 271.58 KB
ELECTRONIC INDEX, in lieu of record, FILED.[2865832] [20-1683] [Entered: 06/18/2020 04:05 PM]
06/19/2020   25 
1 pg, 60.39 KB
MOTION ORDER, granting motion for admission pro hac vice, [19], filed by Appellant Kim Naimoli. Counsel is directed to register as a Filing User under Local Rule 25.1 to file documents electronically in this case within three (3) days of the date of this order, by DC, FILED. [2866179][25] [20-1683] [Entered: 06/19/2020 10:43 AM]
06/19/2020   28 
1 pg, 9.51 KB
NEW CASE MANAGER, Dana Ellwood, ASSIGNED.[2866620] [20-1683] [Entered: 06/19/2020 03:15 PM]
06/22/2020   29 
1 pg, 94.7 KB
ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant Kim Naimoli, FILED. Service date 06/22/2020 by CM/ECF.[2867563] [20-1683] [Entered: 06/22/2020 02:04 PM]
06/30/2020   30 
1 pg, 19.09 KB
CAMP ORDER, Type of Conference: Amended Telephonic, Scheduled Date of Conference: 08/03/2020, Start Time: 10:30 AM, Required Attendees: Clients with Counsel, with Dean W.M. Leslie, ENTERED.[2874203] [20-1683] [Entered: 06/30/2020 11:48 AM]
06/30/2020   32 
1 pg, 25.75 KB
LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellant Kim Naimoli, informing Court of proposed due date 09/10/2020, RECEIVED. Service date 06/30/2020 by CM/ECF.[2874996] [20-1683] [Entered: 06/30/2020 05:37 PM]
07/01/2020   35 
1 pg, 19.97 KB
SO-ORDERED SCHEDULING NOTIFICATION, setting Appellant Kim Naimoli Brief due date as 09/10/2020. Joint Appendix due date as 09/10/2020, FILED.[2875559] [20-1683] [Entered: 07/01/2020 01:26 PM]
08/03/2020   37 
1 pg, 19.07 KB
CAMP ORDER, Type of Conference: Follow-up Telephonic, Scheduled Date of Conference: 08/18/2020, Start Time: 2:00 PM, Required Attendees: Clients with Counsel, with Dean W.M. Leslie, ENTERED.[2898709] [20-1683] [Entered: 08/03/2020 12:58 PM]
08/03/2020   38 
1 pg, 11.59 KB
LOCAL RULE 42.1 STIPULATION, Without Prejudice to Reinstatement, RECEIVED. Service date 08/03/2020 by CM/ECF.[2899176] [20-1683] [Entered: 08/03/2020 05:32 PM]
08/04/2020   40 
1 pg, 105.4 KB
LOCAL RULE 42.1 STIPULATION, Without Prejudice to Reinstatement, RECEIVED. Service date 08/04/2020 by CM/ECF.[2899472] [20-1683] [Entered: 08/04/2020 09:48 AM]
08/04/2020   44 
1 pg, 9.39 KB
NEW CASE MANAGER, Atasha Joseph, ASSIGNED.[2900310] [20-1683] [Entered: 08/04/2020 03:11 PM]
08/04/2020   45 
1 pg, 36.81 KB
LOCAL RULE 42.1 STIPULATION, without prejudice to reinstatement by 08/21/2020, FILED.[2900315] [20-1683] [Entered: 08/04/2020 03:14 PM]
08/04/2020   46 
1 pg, 648.04 KB
CERTIFIED ORDER, dated 08/04/2020, to WDNY (ROCHESTER), ISSUED.[2900327] [20-1683] [Entered: 08/04/2020 03:20 PM]
08/20/2020   48 
1 pg, 47.53 KB
LETTER, on behalf of Appellant Kim Naimoli, to reinstate, RECEIVED. Service date 08/20/2020 by CM/ECF.[2913186] [20-1683]–[Edited 08/20/2020 by AJ] [Entered: 08/20/2020 02:45 PM]
08/20/2020   49 
1 pg, 36.89 KB
ORDER, reinstating appeal, FILED.[2913427] [20-1683] [Entered: 08/20/2020 04:22 PM]
08/20/2020   50 
1 pg, 648.09 KB
CERTIFIED ORDER, dated 08/20/2020, to WDNY (ROCHESTER), ISSUED.[2913436] [20-1683] [Entered: 08/20/2020 04:27 PM]
08/21/2020   53 
1 pg, 9.49 KB
NEW CASE MANAGER, Dana Ellwood, ASSIGNED.[2914129] [20-1683] [Entered: 08/21/2020 02:49 PM]
09/28/2020   56 
78 pg, 706.71 KB
BRIEF & SPECIAL APPENDIX, on behalf of Appellant Kim Naimoli, FILED. Service date 09/28/2020 by CM/ECF. [2940187] [20-1683] [Entered: 09/28/2020 05:08 PM]
09/28/2020   57 
301 pg, 18.54 MB
JOINT APPENDIX, volume 1 of 3, (pp. 1-294), on behalf of Appellant Kim Naimoli, FILED. Service date 09/28/2020 by CM/ECF.[2940189] [20-1683] [Entered: 09/28/2020 05:10 PM]
09/28/2020   58 
287 pg, 22.18 MB
JOINT APPENDIX, volume 2 of 3, (pp. 295-574), on behalf of Appellant Kim Naimoli, FILED. Service date 09/28/2020 by CM/ECF.[2940191] [20-1683] [Entered: 09/28/2020 05:12 PM]
09/28/2020   59 
243 pg, 25.38 MB
JOINT APPENDIX, volume 3 of 3, (pp. 575-810), on behalf of Appellant Kim Naimoli, FILED. Service date 09/28/2020 by CM/ECF.[2940194] [20-1683] [Entered: 09/28/2020 05:15 PM]
09/30/2020   66 
1 pg, 183.9 KB
LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellee Ocwen Loan Servicing, LLC, informing Court of proposed due date 12/18/2020, RECEIVED. Service date 09/30/2020 by CM/ECF.[2941662] [20-1683] [Entered: 09/30/2020 11:56 AM]
09/30/2020   69 
1 pg, 20.25 KB
SO-ORDERED SCHEDULING NOTIFICATION, setting Appellee Ocwen Loan Servicing, LLC Brief due date as 12/18/2020, FILED.[2942135] [20-1683] [Entered: 09/30/2020 04:46 PM]
10/05/2020   71 
1 pg, 40.64 KB
NOTICE OF APPEARANCE AS AMICUS COUNSEL, on behalf of National Consumer Law Center and National Association of Consumer Advocates, FILED. Service date 10/05/2020 by CM/ECF. [2945708] [20-1683] [Entered: 10/05/2020 08:24 PM]
10/05/2020   72 
46 pg, 1.1 MB
MOTION TO FILE AMICUS CURIAE BRIEF, on behalf of Non-Party Filer(s), FILED. Service date10/05/2020 by CM/ECF.[2945710] [20-1683] [Entered: 10/05/2020 08:27 PM]
10/06/2020   73 NEW PARTY, Movants National Consumer Law Center and National Association of Consumer Advocates, ADDED.[2945794] [20-1683] [Entered: 10/06/2020 09:02 AM]
10/06/2020   76 
1 pg, 66.01 KB
MOTION ORDER, referring motion to file amicus curiae brief [72], on behalf of National Consumer Law Center and National Association of Consumer Advocates, FILED. [2946131][76] [20-1683] [Entered: 10/06/2020 11:50 AM]
10/06/2020   78 
4 pg, 209.01 KB
MOTION, for admission pro hac vice, on behalf of Movant National Association of Consumer Advocates and National Consumer Law center, FILED. Service date 10/06/2020 by CM/ECF. [2946326] [20-1683] [Entered: 10/06/2020 01:58 PM]
10/08/2020   81 
4 pg, 127.92 KB
SUPPLEMENTARY PAPERS TO MOTION [78], on behalf of Movant National Association of Consumer Advocates and National Consumer Law center, FILED. Service date 10/08/2020 by CM/ECF.[2948382][81] [20-1683] [Entered: 10/08/2020 03:53 PM]
10/15/2020   85 
1 pg, 66.33 KB
MOTION ORDER, granting motion for admission pro hac vice [78] filed by Movants National Association of Consumer Advocates and National Consumer Law center, by DC, FILED. [2952751][85] [20-1683] [Entered: 10/15/2020 10:48 AM]
12/18/2020   87 
39 pg, 375.21 KB
BRIEF, on behalf of Appellee Ocwen Loan Servicing, LLC, FILED. Service date 12/18/2020 by CM/ECF. [2996490] [20-1683] [Entered: 12/18/2020 10:43 AM]
01/05/2021   90 
3 pg, 823.52 KB
MOTION, to extend time, on behalf of Appellant Kim Naimoli, FILED. Service date 01/05/2021 by CM/ECF. [3006788] [20-1683] [Entered: 01/05/2021 05:02 PM]
01/07/2021   93 
1 pg, 65.9 KB
MOTION ORDER, granting motion to extend time until 01/22/2021 to file reply brief [90] filed by Appellant Kim Naimoli, FILED. [3008028][93] [20-1683] [Entered: 01/07/2021 10:28 AM]
01/07/2021   96 ORAL ARGUMENT STATEMENT LR 34.1 (a), on behalf of filer Attorney Mr. Javier Luis Merino, Esq. for Appellant Kim Naimoli, FILED. Service date 01/07/2021 by CM/ECF. [3008431] [20-1683] [Entered: 01/07/2021 01:49 PM]
01/07/2021   97 
1 pg, 82.52 KB
ORAL ARGUMENT STATEMENT LR 34.1 (a), on behalf of filer Attorney Ms. Leah Nicole Jacob, Esq. for Appellee Ocwen Loan Servicing, LLC, FILED. Service date 01/07/2021 by CM/ECF. [3008439] [20-1683] [Entered: 01/07/2021 01:57 PM]
01/07/2021   98 
2 pg, 14.75 KB
DEFECTIVE DOCUMENT, Oral Argument Statement, [96], on behalf of Appellant Kim Naimoli, FILED.[3008563] [20-1683] [Entered: 01/07/2021 03:08 PM]
01/07/2021   99 
1 pg, 443.97 KB
ORAL ARGUMENT STATEMENT LR 34.1 (a), on behalf of filer Attorney Mr. Javier Luis Merino, Esq. for Appellant Kim Naimoli, FILED. Service date 01/07/2021 by CM/ECF. [3008628] [20-1683] [Entered: 01/07/2021 03:33 PM]
01/07/2021   100 CURED DEFECTIVE Oral Argument Statement [98], [99], on behalf of Appellant Kim Naimoli, FILED.[3008637] [20-1683] [Entered: 01/07/2021 03:40 PM]
01/20/2021   102 CASE CALENDARING, for the week of 04/05/2021, PANEL B, PROPOSED.[3016598] [20-1683] [Entered: 01/20/2021 08:43 AM]
01/20/2021   104 CASE CALENDARING, for argument on 04/05/2021, B Panel, SET.[3017437] [20-1683] [Entered: 01/20/2021 07:05 PM]
01/22/2021   106 
21 pg, 377.99 KB
REPLY BRIEF, on behalf of Appellant Kim Naimoli, FILED. Service date 01/22/2021 by CM/ECF. [3019210] [20-1683] [Entered: 01/22/2021 05:23 PM]
03/15/2021   109 
0 pg, 0 KB
ARGUMENT NOTICE, to attorneys/parties, TRANSMITTED. Note: Listed counsel must log on to CM/ECF in order to view the attachment. [3056306] [20-1683] [Entered: 03/15/2021 02:55 PM]
03/26/2021   111 
0 pg, 0 KB
NOTICE OF HEARING DATE ACKNOWLEDGMENT, on behalf of Appellant Kim Naimoli, FILED. Service date 03/26/2021 by CM/ECF. Note: Listed counsel must log on to CM/ECF in order to view the attachment. [3064989] [20-1683] [Entered: 03/26/2021 06:26 PM]
03/30/2021   112 
0 pg, 0 KB
NOTICE OF HEARING DATE ACKNOWLEDGMENT, on behalf of Appellee Ocwen Loan Servicing, LLC, FILED. Service date 03/30/2021 by CM/ECF. Note: Listed counsel must log on to CM/ECF in order to view the attachment. [3066307] [20-1683] [Entered: 03/30/2021 09:55 AM]
04/05/2021   113 CASE, before RAK, BDP, SJM, HEARD.[3070072] [20-1683] [Entered: 04/05/2021 10:56 AM]
04/13/2021   114 
1 pg, 20.49 KB
LETTER, to the Acting Solicitor General requesting the views of the United States within 60 days of the date of the letter, SENT.[3076073] [20-1683] [Entered: 04/13/2021 10:09 AM]
05/28/2021   115 NEW PARTY, Amicus Curiae Consumer Financial Protection Bureau, ADDED.[3110310] [20-1683] [Entered: 05/28/2021 12:56 PM]
05/28/2021   116 
1 pg, 59.56 KB
NOTICE OF APPEARANCE AS AMICUS COUNSEL, on behalf of Consumer Financial Protection Bureau, FILED. Service date 05/28/2021 by CM/ECF. [3110321] [20-1683] [Entered: 05/28/2021 12:59 PM]
05/28/2021   117 ATTORNEY, Christopher Deal for Consumer Financial Protection Bureau, in case 20-1683, [116], ADDED.[3110333] [20-1683] [Entered: 05/28/2021 01:04 PM]
05/28/2021   118 
2 pg, 130.55 KB
LETTER, on behalf of Amicus Curiae Consumer Financial Protection Bureau, requesting an extension of time to file response, RECEIVED. Service date 05/28/2021 by CM/ECF.[3110339] [20-1683] [Entered: 05/28/2021 01:06 PM]
06/01/2021   121 
1 pg, 157.9 KB
ORDER, dated 06/01/2021, granting the Consumer Financial Protection Bureau’s request for a 30-day extension, until 07/12/2021, to file its response to the Court’s letter dated 04/13/2021, by SJM, FILED.[3110955] [20-1683] [Entered: 06/01/2021 10:09 AM]
06/30/2021   122 
2 pg, 135.21 KB
LETTER, on behalf of Amicus Curiae Consumer Financial Protection Bureau, requesting an extension of time to file response, RECEIVED. Service date 06/30/2021 by CM/ECF.[3129920] [20-1683] [Entered: 06/30/2021 03:59 PM]
07/01/2021   125 
1 pg, 157.66 KB
ORDER, dated 07/01/2021, granting the Consumer Financial Protection Bureau’s request for a 14-day extension, until 07/26/2021, to file its response to the Court’s letter dated 04/13/2021, by SJM, FILED.[3130685] [20-1683] [Entered: 07/01/2021 01:16 PM]
07/26/2021   126 
40 pg, 310.69 KB
AMICUS BRIEF, on behalf of Amicus Curiae Consumer Financial Protection Bureau, FILED. Service date 07/26/2021 by CM/ECF. [3143986] [20-1683] [Entered: 07/26/2021 10:32 AM]
07/26/2021   127 
1 pg, 180.35 KB
LETTER, on behalf of Appellee Ocwen Loan Servicing, LLC, requesting 30 days to review and respond to the CFPB’s response, RECEIVED. Service date 07/26/2021 by CM/ECF.[3144158] [20-1683] [Entered: 07/26/2021 12:32 PM]
08/03/2021   131 
1 pg, 103.54 KB
LETTER, on behalf of Appellant Kim Naimoli, to respond to appellee Ocwen Loan Servicing, LLC’s 07/26,/2021 letter, RECEIVED. Service date 08/03/2021 by CM/ECF.[3149406] [20-1683]–[Edited 08/03/2021 by WD] [Entered: 08/03/2021 11:26 AM]
08/04/2021   134 
1 pg, 156.66 KB
ORDER, dated 08/04/2021, granting parties’ letter requests to file a responsive letter brief to CFPB’s amicus brief of no more than 10 pages within 30 days from the date of the filing of this order, by SJM, FILED.[3150485] [20-1683]–[Edited 08/04/2021 by WD] [Entered: 08/04/2021 03:59 PM]
08/26/2021   135 
1 pg, 88.45 KB
NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Ocwen Loan Servicing, LLC, FILED. Service date 08/26/2021 by CM/ECF. [3163037] [20-1683] [Entered: 08/26/2021 02:19 PM]
08/26/2021   136 ATTORNEY, Ryan Sirianni for Ocwen Loan Servicing, LLC, in case 20-1683, [135], ADDED.[3163132] [20-1683] [Entered: 08/26/2021 03:24 PM]

Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.

Barrington D. Parker is a United States Circuit Judge of the U.S. Court of Appeals for the Second Circuit. At the time of his appointment in 2001, Judge Parker was a United States District Judge for the Southern District of New York.

Judge Parker received his B.A. degree from Yale College in 1965 and his LL.B. degree from Yale Law School in 1969.

Judge Parker was law clerk to Judge Aubrey Robinson of the United States District Court for the District of Columbia from 1969 to1970. He then went into private law practice in New York in 1970, serving first at Sullivan & Cromwell until 1977, then as a partner at Parker, Auspitz, Neesemann & Delehanty, P.C. from 1977 to 1987, then as a partner at Morrison & Foerster from 1987 until his appointment in 1994 as a United States District Court Judge for the Southern District of New York.

Judge Parker is a native of Washington, D.C.

Robert Katzmann, Judge and Civics Advocate, Dies at 68

Published on June 10, 2021

Robert A. Katzmann, a former chief judge of the Second Circuit U.S. Court of Appeals and a tireless, impassioned advocate of civics education, died June 9. He was 68.

In a statement, Chief Judge Debra A. Livingston praised Katzmann’s “sure and steady leadership” of the Second Circuit. She added, “Judge Katzmann, with his commitment to civic education, also had a vision for the Circuit – that the judiciary might lend a steadying hand to our democracy by helping to educate the citizenry about the rule of law and the role of judges.”

Katzmann envisioned and co-created a dynamic learning center in the Thurgood Marshall U.S. Courthouse in New York City. The flexible design is adaptable to many uses and includes a podcasting studio.

Foreclosure: Court of Appeals for the Second Circuit Ask CFPB to Weigh In on Homeowner versus PHH Ocwen
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