Lane v. Ocwen Loan Servicing, LLC
United States District Court for the Western District of Virginia
Case No. 3:17-cv-00008 (2017)
The Lanes (plaintiffs) were told by their lender Ocwen (defendant) not to make payments during a loan-modification review, but after the modification was granted, Ocwen never told them the new payment amount despite repeated requests, then declared them past due (again without specifying by how much) and began foreclosure. The Lanes moved for a temporary restraining order enjoining the foreclosure sale.
Whether, to obtain a temporary restraining order, a plaintiff must show a likelihood of success on the merits of the case, a likelihood of suffering irreparable harm in the absence of relief, that the balance of equities weighs in the plaintiff's favor, and that the order is in the public interest.