Karen Chandler v. William E. Chandler et al. (2010)

(MEMORANDUM OF DECISION (MOTION TO SUBSTITUTE PARTY)

The motion of the defendant CitiMortgage, Inc. to substitute Penny Mac Loan Servicing LLC as a party defendant is granted.

CitiMortgage became the owner of the property in question by virtue of a foreclosure on or about June 30, 2010.   On or about August 30, 2010 CitiMortgage conveyed the property to Penny Mac.

Penny Mac now seeks to be substituted as the defendant in this action as it is the real party in interest.   The plaintiff objects.

It is clear that Penny Mac should be a party under these facts.   It is a necessary party and the plaintiff can raise any prior claims or interest she has.

Penny Mac's title to the property is subject to any prior encumbrances and the plaintiff has raised no issue from which the Court can determine CitiMortgage has any liability to her.

Klaczak, J.T.R.

Klaczak, Lawrence C., J.T.R.