Prima Facie – Foreclosure Judgment

By: Derek Hawkins//June 16, 2021//

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WI Court of Appeals – District III

Case Name: Ocwen Loan Servicing, LLC, v. Steven J. Eckley, et al.,

Case No.: 2019AP1705

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Prima Facie – Foreclosure Judgment

Steven and Shannon Eckley appeal a judgment of foreclosure. They argue Ocwen, the loan servicer, improperly accelerated their loan. They also argue Ocwen failed to prove a prima facie case for summary judgment establishing the entire amount of the foreclosure judgment. We reject the Eckleys’ arguments, except we agree that the judgment improperly included $19,240.72 in prior servicer fees, the basis for which is unclear. We reverse that portion of the judgment and remand for further proceedings consistent with this opinion, but we affirm the judgment in all other respects.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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