United States District Court, D. Minnesota
Carl Peterson and Erik Hansen for Plaintiffs.
David Mortensen for Defendant.
REPORT AND RECOMMENDATION
FRANKLIN L. NOEL, Magistrate Judge.
THIS MATTER came before the undersigned United States Magistrate Judge on October 17, 2014 on the Defendant's amended motion to enforce settlement (ECF No. 36). The matter was referred to the undersigned for a report and recommendation pursuant to 28 U.S.C. § 636. For the reasons set forth below, the Court recommends that the Defendant's motion be GRANTED.
I. FINDINGS OF FACT
Plaintiffs own real property located at 5418 Mayview Road, Minnetonka, Minnesota. Compl. ¶ 1, ECF No. 1-1. After falling behind on their mortgage payments, Plaintiffs entered into a Repayment Plan Agreement with Litton Loan Servicing (Litton) in May 2011. Id. ¶ 7-8. Plaintiffs made regular payments, according to the terms of the plan, through October 2011. Id. ¶ 11. At some point prior to November 2011, Defendant Ocwen Loan Servicing (Ocwen) purchased Litton, including the servicing rights to Plaintiff's mortgage. Id. ¶ 12. When Plaintiffs attempted to make their November 2011 payment under the repayment plan, Ocwen denied the payment, stating the loan had matured and all unpaid amounts were due. Id. ¶ 13.
Plaintiffs brought suit on September 20, 2012, alleging Ocwen breached the Repayment Plan Agreement. Id. ¶ 14-22. On February 18, 2014, the parties attended a settlement conference with this Court. See Minute Entry, ECF No. 25. While a final agreement was not reached, significant progress was made and the parties left encouraged to resolve the issues on their own. The parties were instructed, however, to notify the Court if they were unable to achieve a settlement. On February 21, 2014, the parties informed the Court that they did not reach a final agreement, and a second settlement conference was scheduled for February 26, 2014. At the second conference, a settlement agreement was quickly reached, and the terms of the agreement were stated on the record. See Minute Entry, ECF No. 26. The parties agreed that:
Plaintiffs will dismiss their claims against Ocwen with prejudice;
Plaintiffs shall pay Ocwen $155, 000 on or before July 17, 2014, in full satisfaction of the mortgage loan;
If Plaintiffs fail to make such payment by July 17, 2014, Ocwen may proceed with a foreclosure of the mortgage;
In the event that Ocwen is entitled to foreclose on the mortgage, Plaintiffs consent to the foreclosure and agree not to contest any foreclosure issues;
If Ocwen forecloses on the mortgage, Plaintiffs agree to vacate the property at the end of the redemption period, and consent to an order of eviction if they do not voluntarily vacate;
Plaintiffs will maintain all property taxes and insurance payments between February 2014 and the payoff date;
Ocwen will take steps to correct or amend the credit line reporting for the mortgage loan account for the period of time during which the parties disputed the Repayment ...