IN RE SCOTT

Case No. 16-12045 (JLG), Adv. P. No. 16-01195 (JLG).

572 B.R. 492 (2017)

IN RE: Phillip Michael SCOTT, Debtor. Phillip Michael Scott, Plaintiff, v. American Security Insurance Company, Ocwen Loan Servicing, Bank of New York Mellon, Erwin Vencer, Esq., McCabe, Weisberg & Conway, P.C., Barbara Campbell, and Marlen Gaethers-Langley, Defendants.

United States Bankruptcy Court, S.D. New York.

Filed June 14, 2017.


Attorney(s) appearing for the Case

CARLTON FIELDS JORDEN BURT, P.A., Attorneys for Defendant American Security Insurance Company, Robert W. DiUbaldo, Esq. , 405 Lexington Avenue, 36th Floor, New York, New York 10174-0002.

HOUSER & ALLISON, APC, Counsel to Defendants Ocwen Loan Servicing LLC and The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A., as Successor to JP Morgan Chase Bank, N.A., as Trustee For Residential Asset Mortgage Products, Inc., Mortgage Asset-backed Pass-Through Certificates Series 2005-RZ3, Jacqueline M. Aiello, Esq. , 60 E. 42n d Street, Suite 1148, New York, New York 10165.

McCABE, WEISBERG & CONWAY, P.C., Attorneys for Defendants McCabe Weisberg & Conway, P.C. and Erwin Vencer, Charles A. Higgs, Esq. , 145 Huguenot Street, Suite 210, New Rochelle, New York 10801.

KIM DSOUZA, ESQ. , Attorney for Plaintiff Phillip Michael Scott, 32 Washington Place, Newburgh, New York 12550.

BARBARA CAMPBELL, PRO SE, 4319A Wickham Avenue, Bronx, New York 10466.

MARLENE GAETHERS-LANGLEY, PRO SE, 1473 Hicks Avenue, Bronx, New York 10469.


MEMORANDUM DECISION AND ORDER RESOLVING MOTIONS TO DISMISS COMPLAINT AND CROSS-COMPLAINTS

INTRODUCTION

Philip Michael Scott, the plaintiff and chapter 13 debtor herein (the "Debtor"), is party to a Mortgage (defined below) on certain real property located...

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