PHH Mortgage Corporation v. Bernice Atkins

Summary

The United States District Court for the Southern District of Texas adopted a magistrate judge’s Report and Recommendation recommending attorney fees after default judgment in a mortgage dispute involving a statutory probate lien and nonjudicial foreclosure. The court ordered Bernice Atkins to pay PHH Mortgage Corporation $3,410 in attorney and paralegal fees and $405 in costs.

Holdings

1. The district court adopted the magistrate judge's Report and Recommendation because no party objected and no clear error appeared upon review of the record, applicable law, and recommendation.
2. Defendant was ordered to pay Plaintiff $3,410 in reasonable attorney and paralegal fees and $405 in costs, totaling $3,815.

Questions Presented

1. Whether the magistrate judge's recommendation to grant Plaintiff's motion for attorney fees should be adopted when no party filed objections.
2. Whether Plaintiff should be awarded the recommended attorney and paralegal fees and costs.

Disposition

other