Mohammad Mazed v. Jp Morgan Chase Bank, N.A.

Good Law
471 F. App'x 754
United States Court of Appeals for the Ninth CircuitMarch 14, 201211-56647California379 words

Opinion

Opinion

MEMORANDUM

Mazed requested and was granted a pre liminary injunction enjoining the foreclosure of his home. He now appeals the district court’s order that he pay monthly rent to JP Morgan Chase Bank in the amount of $2016.50 for the duration of the injunction and the order that all parties participate in Loan Modification Settlement Proceedings.

We review the district court’s decision as to the amount of the security bond for an abuse of discretion and we affirm. See Johnson v. Couturier, 572 F.3d 1067, 1086 (9th Cir.2009); Fed. R. Civ. Pro. 65(c). Before setting the amount of the security bond, the district court considered both parties’ arguments and evidence regarding the potential financial ramifications of issuing a preliminary injunction. The amount the district court ordered Mazed to pay is the same $2016.50 monthly mortgage payment provided for in the loan modification program the parties previously negotiated. This amount is less than the monthly rent of $5875.60 requested by appellees. The district court did not abuse its discretion by determining that $2016.50 in monthly rent adequately balances the potential harm to appellees from delayed foreclosure with the risk…

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