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OCWEN FEDERAL BANK v. HAWKINS

No. 2003 CA 1622.

879 So.2d 759 (2004)

OCWEN FEDERAL BANK, FSB f/k/a Berkeley Federal Bank & Trust FSB v. Nemiah HAWKINS and Bernadine Cage Hawkins.

Court of Appeal of Louisiana, First Circuit.

May 14, 2004.

Attorney(s) appearing for the Case

Michael H. Rubin, Juston M. O'Brien, Baton Rouge, Charles H. Heck, Jr., John C. Morris, III, Monroe, Jeffrey N. Rabb, Baton Rouge, for Plaintiff-Appellant Ocwen Federal Bank, FSB f/k/a Berkeley Federal Bank & Trust FSB.

Ronald J. Savoie, Baton Rouge, for Defendant-Appellee H. Stern Investments, L.L.C.

Before: PETTIGREW, DOWNING, and McCLENDON, JJ.

PETTIGREW, J.

Ocwen Federal Bank, FSB F/K/A Berkeley Federal Bank & Trust FSB ("Ocwen") appeals from a trial court judgment granting a motion to enforce settlement filed by H. Stern Investments, L.L.C. ("H. Stern"). For the reasons that follow, we reverse.

FACTS AND PROCEDURAL HISTORY

On December 20, 2001, Ocwen filed a petition for executory process against Nemiah Hawkins and Bernadine Cage Hawkins seeking to enforce a note and mortgage previously...

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