No. 20-1418

Sepideh Cirino v. Ocwen Loan Servicing LLC, et al.

Lower Court: Ninth Circuit
Docketed: 2021-04-08
Status: Denied
Type: Paid
Response Waived
Tags: bankruptcy bankruptcy-discharge chapter-7 deed-of-trust foreclosure mortgage mortgage-lien nonjudicial-foreclosure promissory-note
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-05-13
Question Presented (AI Summary)

How can a mortgagor collect on more than the amount of the lien secured by the deed of trust when a debtor in a Chapter 7 bankruptcy in California, as well as similarly situated nonjudicial foreclosure states which utilize a promissory note as the promise to pay and deed of trust as the security lien for the mortgage, receives a discharge pursuant to 11 U.S.C. §524, when the debt has been discharged in personam?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. How can a mortgagor collect on more than the amount of the lien secured by the deed of trust . when a debtor in a Chapter 7 bankruptcy in California, as well as similarly situated nonjudicial foreclosure states which utilize a promissory note as the promise to pay and deed of trust as the security lien for the mortgage, receives a discharge pursuant to 11 U.S.C. §524, when the debt has been discharged in personam? i

Docket Entries

2021-05-17
Petition DENIED.
2021-04-27
DISTRIBUTED for Conference of 5/13/2021.
2021-04-26
Waiver of right of respondent Ocwen Loan Servicing LLC, et al. to respond filed.
2021-01-04
Petition for a writ of certiorari filed. (Response due May 10, 2021)

Attorneys

Ocwen Loan Servicing LLC, et al.
Gary E DevlinHinshaw & Culbertson, LLP, Respondent
Sepideh Cirino
Sepideh Cirino — Petitioner