Macias v. Ocwen Loan Servicing, LLC, 120517 FED2, 17-902

Docket Nº:17-902
Party Name:ROBERT MACIAS, Plaintiff-Appellant, v. OCWEN LOAN SERVICING, LLC, DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for DSLA Mortgage Loan Trust 2007-ARI, Defendants-Appellees, DOES ONE THROUGH ONE HUNDRED, INCLUSIVE, Defendants.
Attorney:For Plaintiff-Appellant: Steven Bruce Rabitz, Law Office of Steven B. Rabitz, PC, Massapequa, NY. For Defendants-Appellees: Brian Pantaleo, Patrick G. Broderick, Greenberg Traurig, P.A., West Palm Beach, FL; Shane Biffar, Greenberg Traurig, LLP, New York, NY.
Judge Panel:Present: ROBERT A. KATZMANN, Chief Judge, JOHN M. WALKER, JR., GUIDO CALABRESI, Circuit Judges.
Case Date:December 05, 2017
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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ROBERT MACIAS, Plaintiff-Appellant,

v.

OCWEN LOAN SERVICING, LLC, DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for DSLA Mortgage Loan Trust 2007-ARI, Defendants-Appellees,

DOES ONE THROUGH ONE HUNDRED, INCLUSIVE, Defendants.

No. 17-902

United States Court of Appeals, Second Circuit

December 5, 2017

UNPUBLISHED OPINION

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 5th day of December, two thousand seventeen.

Appeal from a judgment of the United States District Court for the Southern District of New York (Caproni, J.).

For Plaintiff-Appellant: Steven Bruce Rabitz, Law Office of Steven B. Rabitz, PC, Massapequa, NY.

For Defendants-Appellees: Brian Pantaleo, Patrick G. Broderick, Greenberg Traurig, P.A., West Palm Beach, FL; Shane Biffar, Greenberg Traurig, LLP, New York, NY.

Present: ROBERT A. KATZMANN, Chief Judge, JOHN M. WALKER, JR., GUIDO CALABRESI, Circuit Judges.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED in part, VACATED in part, and REMANDED.

Plaintiff-appellant Robert Macias, a California homeowner who obtained a mortgage in 2007, brought this action against defendants-appellees Ocwen Loan Servicing, LLC ("Ocwen"), the purported servicer of the mortgage, and Deutsche Bank National Trust Co. (the "Trust"), the purported owner of the mortgage loan. In brief, Macias asserted that, because of an invalid assignment, appellees have no interest in his home, and that they made a series of unlawful misrepresentations and omissions in the course of attempting to collect mortgage payments from him and foreclose on his home. In an order dated March 2, 2017 and a judgment entered the next day, the district court (Caproni, J.) dismissed Macias's Amended Complaint in its entirety and closed the case, and Macias timely appealed. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

Macias contends that the district court erred in dismissing five of his claims...

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