PennyMac Loan Services, LLC v. Toni A. Prather and Tamera R. Hargrove-Lenzy

Summary

The United States District Court for the Western District of Texas accepted a magistrate judge's Report and Recommendation concerning PennyMac Loan Services, LLC's amended motion for default judgment. The court granted the motion and authorized enforcement of the deed of trust through foreclosure under Texas Property Code section 51.002, with entitlement to specified secured amounts upon entry of judgment.

Holdings

1. When no party objects to a magistrate judge's Report and Recommendation, the district court need not conduct de novo review and may review the recommendation for clear error and whether it is contrary to law.
2. Plaintiff's amended motion for default judgment was granted, and Plaintiff was authorized to enforce the power of sale in the deed through foreclosure of the property pursuant to Section 51.002 of the Texas Property Code.
3. Upon filing a motion for entry of judgment with a proposed judgment attached, Plaintiff would be entitled to a judgment declaring that the deed secured the outstanding balance of the note, prejudgment interest, post-judgment interest, court costs, and attorney's fees.

Questions Presented

1. Whether the district court should accept the magistrate judge's Report and Recommendation when no objections were filed.
2. Whether Plaintiff was entitled to default judgment authorizing enforcement of the deed's power of sale through foreclosure.
3. Whether Plaintiff could obtain a later declaratory judgment establishing the amounts secured by the deed, including the note balance, interest, costs, and attorney's fees.

Disposition

other