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14-14531 - Paiva v. The Bank of New York Mellon


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14-14531 - Paiva v. The Bank of New York Mellon
August 11, 2015
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Judge Allison D. Burroughs: ORDER entered. MEMORANDUM AND ORDERDefendant, The Bank of New York Mellon's Motion for Summary Judgment [Dkt. 16] is DENIED, and Plaintiff, David Paivas Cross-Motion for Summary Judgment [Dkt. 21] is GRANTED. The Clerk is directed to enter judgment for Paiva pursuant to Fed. R. Civ. P. 58(a) on both counts of his complaint and to close this action. The foreclosure sale is void for the reasons discussed in this opinion and at the hearing. As Paiva has not demonstrated that any additional relief is warranted, however, his request for damages, costs, interest, and attorney fees, is DENIED.(Montes, Mariliz)