Miranda
Miranda v. BANK OF AMERICA NATIONAL ASSOCIATION
Opinion
Trial Court Opinion
I. Introduction
Plaintiffs Sergio Lopez Miranda and Esmeralda Miranda (the “Plaintiffs”) contend that Nationstar Mortgage (“Nationstar”), the predecessor-in-interest to Defendant Shellpoint Mortgage Servicing, LLC (“Shellpoint”) received adequate notice of their Chapter 11 Plan of Reorganization (the “Plan”) [Bankr. Doc. No. 103] and supporting documents (the “Plan Documents”) such that the Defendant is bound by the terms of the Plan. The Defendant asserts that Nationstar did not receive adequate notice of said Plan and Plan Documents and therefore Shellpoint is not bound by its terms. The Plaintiffs’ complaint contains two causes of action: 1) for breach of contract for Shellpoint’s alleged violation of the Plan; and 2) declaratory relief against Shellpoint. See Doc. No. 1 (complaint). The Court held an evidentiary hearing on April 21, 2021.1 The parties filed closing briefs on July 30, 2021. See Doc. Nos. 99 & 100. This Memorandum of Decision constitutes the Court’s findings of fact and conclusions of law pursuant to Civil Rule 52, made applicable to these proceedings by Bankruptcy Rule 7052.2 For the reasons set forth below, the Court finds that the Defendant did not receive…