Wilmington Savings Fund Society, FSB, Not in Its Individual Capacity but Solely as Certificate Trustee of Bosco Credit II Trust Series 2010-1 v. Juvenal Rivera, Jr. and Marcy Rivera

Summary

The United States District Court for the Western District of Texas adopted a magistrate judge’s report and recommendation regarding the plaintiff’s motion for attorney fees and costs. The court awarded $3,730.00 in attorney and paralegal fees and $760.95 in costs, specifying that the amounts were recoverable only as obligations under the Note and Deed of Trust and were not personal judgments against the defendants.

Holdings

1. When no timely objections are filed, the district court reviews the magistrate judge's report and recommendation for clear error.
2. The district court should adopt the report and recommendation because clear-error review disclosed no error.
3. The plaintiff was awarded $2,780.00 in attorney fees, $950.00 in paralegal fees, and $760.95 in costs.
4. The fees and costs are not a personal judgment against the defendants and are recoverable only as a further obligation owed under the Note and Deed of Trust.

Questions Presented

1. Whether the district court should review and adopt the magistrate judge's report and recommendation when no party filed timely objections.
2. Whether the plaintiff should be awarded the recommended attorney fees, paralegal fees, and costs.
3. Whether the fee and cost award should be entered as a personal judgment against the defendants or as an additional obligation under the Note and Deed of Trust.

Disposition

other