Crawford et al. v. Ocwen Loan Servicing, LLC

The trial court properly dismissed plaintiffs' petition for a temporary restraining order or preliminary injunction seeking to stop the foreclosure of their home after concluding that the petition was moot because the injunctive relief they requested could no longer be granted.

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Ellington, Presiding Judge.Donovan and Claudine Crawford filed pro se this petition for a temporary restraining order or preliminary injunction in the Superior Court of Fulton County against Ocwen Loan Servicing, LLC, seeking to stop the foreclosure of their home. Ocwen filed a motion to dismiss the complaint; the Crawfords did not file any response to the motion. The trial court determined that the Crawfords’ petition was moot and dismissed the complaint. The Crawfords appeal. For the reasons explained below, we affirm.

A motion to dismiss for failure to state a claim should not be sustained unless (1) the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof; and (2) the movant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought. (Citation and punctuation omitted.) Sparra v. Deutsche Bank Nat. Trust Co., 336 Ga. App. 418, 419-420 (1) (785 SE2d 78) (2016).The Crawfords’ complaint shows that in March 2007 they executed a security deed in favor of their lender, Option One Mortgage Corporation. On October 6, 2015, the Crawfords received a Notice of Sale Under Power to be conducted on the first Tuesday in November 2015. The notice and accompanying letter, which were prepared by the Weissman, Nowack, Curry & Wilco P.C. law firm and dated October 2, 2015, indicated that the security deed was last transferred to Well Fargo Bank, NA, as Trustee for Soundview Home Loan Trust 2007-Opti, Asset-Backed Certificates, Series 2007-Opti. The notice and letter stated that the entity that had full authority to modify the terms of the mortgage with the Crawfords was Ocwen.

Crawford et al. v. Ocwen Loan Servicing, LLC

The trial court properly dismissed plaintiffs' petition for a temporary restraining order or preliminary injunction seeking to stop the foreclosure of their home after concluding that the petition was moot because the injunctive relief they requested could no longer be granted.

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