Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Luis SANTIAGO; Linda A. Santiago, Plaintiffs−Appellants, v. The BANK OF NEW YORK MELLON, as successor trustee to JP Morgan Chase Bank, as Trustee for Novastar Mortgage Funding Trust, Series 2004-2, Novastar Home Equity Loan Asset-Backed Certificates, Series 2004-2; Ocwen Loan Servicing, L.L.C., Defendants−Appellees.
Luis and Linda Santiago, pro se on appeal, challenge an adverse summary judgment denying their multiple claims. In short, the Santiagos purchased property with a home equity note for just under a million dollars in 2004, are in default since 2010, and apparently continue to occupy the property. Numerous state-court actions ensued, resulting in the denial of the Santiagos’ voluminous claims, whereupon they sued again, this time in federal court.
The defendants moved for summary judgment. The magistrate judge issued a carefully detailed twenty-page Report and Recommendation, impressively setting forth the law and the facts. The recommendation was to grant summary judgment and dismiss all claims. The Santiagos raised fifty-one objections to the report. The district judge wrote a comprehensive fourteen-page Memorandum, filed September 10, 2019, denying the objections and adopting the Report and Recommendation as the court's findings and conclusions.
We agree with the district court and the magistrate judge. The Santiagos’ claims have no merit. And it is time for this controversy to be put to bed. The judgment of dismissal is AFFIRMED, essentially for the reasons set forth in the district court's memorandum.
FOOTNOTES
PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 19-40842
Decided: April 28, 2020
Court: United States Court of Appeals, Fifth Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)