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Beeks v. Citimortgage, Inc.

United States District Court, D. Minnesota

November 5, 2014

Jason Beeks, Plaintiff,
v.
CitiMortgage, Inc., Federal Home Loan Mortgage Corporation, Sharepoint Credit Union, all other persons or entities claiming any right title, estate, lien, or interest in the real estate described in the Summons and Complaint herein, and Bill Guenther, solely in his capacity as the Sheriff of Isanti County, Minnesota, Defendants.

Evan Weiner and John R. Neve, Neve Webb, PLLC, Counsel for Plaintiff Jason Beeks.

Thomas J. Lallier and Cameron A. Lallier, Foley & Mansfield, PLLP, Counsel for Defendants CitiMortgage, Inc. and Federal Home Loan Mortgage Corporation.

MEMORANDUM OF LAW & ORDER

MICHAEL J. DAVIS, Chief District Judge.

I. INTRODUCTION

This matter is before the Court on Plaintiff's Motion for Preliminary Injunction [Docket No. 3] pursuant to Rule 65(b) of the Federal Rules of Civil Procedure. Plaintiff seeks a preliminary injunction to stop the lockout of Plaintiff Jason Beeks' residence scheduled for 1:00 p.m. on November 5, 2014. An emergency hearing on Plaintiff's Motion took place at 10:00 a.m. on November 5, 2014. Because the Plaintiff has failed to establish a likelihood of success on the merits as set forth below, the Motion is denied.

II. BACKGROUND

a. The Mortgage

This action involves a parcel of real property (the "Property") located in Isanti County, Minnesota, legally described as Lot 4, Block 2, Woodhaven Acres 1st Addition, and located at 1470 33rd Court, Cambridge, MN 55008. (Verified Compl. ¶ 7 [Docket No. 1-1].) Beeks alleges that the Property is his primary residence. (Id. ¶ 8.)

On or about August 22, 2003, Beeks executed a mortgage on the Property in the amount of $132, 000.00 (the "Mortgage") in favor of Mortgage Electronic Registration Systems, Inc. ("MERS") that was later recorded with the Isanti County Recorder and memorialized as Document No. 322439. (Id. ¶ 9.)

Beeks alleges, on information and belief, that MERS subsequently assigned the Mortgage to Defendant CitiMortgage, Inc. ("CitiMortgage"). (Id. ¶ 10.) Beeks further alleges that CitiMortgage serves as the residential mortgage servicer on the debt secured by the Mortgage and that Defendant Sharepoint Credit Union ("Sharepoint") holds a junior mortgage on the Property in the principal amount of $23, 052.40. (Id. ¶ 11.)

b. Beeks' Bankruptcy Proceeding

On or about May 24, 2011, Beeks filed for Chapter 7 bankruptcy. (Id. ¶ 12.)

He avers that despite the bankruptcy, he remained willing and able to continue making payments on the Mortgage, rather than lose his home. (Id. ¶ 13.) Beeks alleges that when he tried to reaffirm the debt secured by the Mortgage, CitiMortgage refused and sought relief from the automatic stay to initiate foreclosure proceedings. (Id. ¶ 14.) On or about September 13, 2011, Beeks' debts were discharged by the United States Bankruptcy Court for the District of Minnesota. (Id. ¶ 15.)

c. The Postponed 2012 Sale

In October 2011, CitiMortgage commenced foreclosure proceedings and scheduled a Sheriff's Sale for the Property for January 10, 2012, at 10:00 a.m. (Id. ¶ 16.) CitiMortgage issued a Notice of Mortgage Foreclosure ...


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