Mace

ORDER DENYING MOTION. FOR SUMMARY JUDGMENT AND DENYING EXTENSION OF TIME

Defendant Ocwen Loan Servicing, LLC, has filed a motion for summary judgment, or, alternatively, partial summary judgment. Defendant Western Progressive, LLC has not joined the motion. Plaintiffs Larry Mace and Sharon Mace oppose the motion. After considering the parties’ papers, the Court denies Ocwen’s motion for summary judgment. The Court also rules on the parties’ evidentiary objections, requests for extension of time and requests for judicial notice as set forth below.

BACKGROUND,

I. Factual Background

Plaintiffs Sharon Mace and Larry Mace, as trustees of the Larry .Mace Family Trust, own a personal residence located at 247 Poplar Avenue in Hayward, California. Mace Decl. ¶ 2. 1 On or about April 25, 2006, Plaintiffs obtained a mortgage loan from Argent Mortgage Company, LLC in the original principal sum of $688,500, which was reflected in a promissory note secured by a deed of trust encumbering the property. Mace Decl. ¶ 3; Ocwen’s Request for Judicial Notice (Ocwen RJN) Ex, 1. The note was thereafter assigned to the current holder, Deutsche Bank National Trust Company. Ocwen RJN Exs. 2 & 3. Ocwen…