IN RE: NEW YORK MORTGAGE BANKERS INC., Chapter 7, Debtor(s).
FIRSTBANK PR, Plaintiff,
WIGBERTO LUGO MENDER, CHAPTER 7 TRUSTEE, Defendant(s).
Case No. 09-02852, Adversary No. 14-00240.
United States Bankruptcy Court, D. Puerto Rico.
June 3, 2016.
BRIAN K. TESTER, Bankruptcy Judge.
Defendant, Wigberto Lugo Mender, Chapter 7 Trustee’s Motion Requesting Partial Summary Judgment is GRANTED, in part. The court shall not consider the late filed Opposition submitted by Plaintiff Firstbank PR. As such, partial judgment is entered in favor of the Defendant regarding Plaintiff’s claims made for payment on mortgage notes issued by or related to Esmeralda Rivera, Jose De Jesus Sepulveda and Joan Pena Vega. With regards to the payments received related to Carlos Reyes Melendez, the Defendant has failed to provide any evidence that refutes Plaintiff’s ownership of this mortgage note. As such all monies collected by the Defendant from Mr. Carlos Reyes Melendez shall be turned over to Plaintiff forthwith. Moreover, the Defendant shall inform the loan servicer for the mortgage note pertaining to Mr. Carlos Reyes Melendez, Banco Santander Puerto Rico, that going forward all funds collected shall be remitted directly to Plaintiff. The clerk shall set a status conference to see what issues remain for adjudication by the court.
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