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Anderson v. CitiMortgage, Inc.

Court of Appeals of Arkansas, Division II

December 3, 2014

ERIC ANDERSON and TAMA ANDERSON, APPELLANTS
v.
CITIMORTGAGE, INC., APPELLEE

Page 252

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, THIRD DIVISION. NO. CV-2010-6701. HONORABLE JAY MOODY, JUDGE.

Owings Law Firm, by: Steven A. Owings and Alexander P. Owings, for appellants.

Wilson & Associates, PLLC, by: Samuel S. High, for appellee.

RITA W. GRUBER, Judge. WYNNE and BROWN, JJ., agree.

OPINION

Page 253

RITA W. GRUBER, Judge

For the second time, Eric and Tama Anderson appeal from an order of the Pulaski County Circuit Court granting summary judgment and dismissing their claims against appellee CitiMortgage, Inc. We dismissed their first appeal for lack of a final, appealable order. Anderson v. CitiMortgage, Inc., 2013 Ark.App. 545 ( Anderson I ). Following remand, the circuit court entered a final order. We now consider the merits of the appeal and affirm the grant of summary judgment.

In Anderson I, we set forth the following background:

In 2001, the Andersons purchased a home on which Citimortgage's predecessor in interest, First Nationwide Mortgage Corporation, held a mortgage. The face amount of the mortgage and the note it secured was $186,200. In March 2003, First Nationwide merged with Citimortgage, and Citimortgage began accepting payments on the Andersons' mortgage.
The Andersons filed a Chapter 13 bankruptcy in February 2004 in order to retain possession of their home. Citimortgage was listed as a secured creditor. In 2008, Citimortgage notified the Andersons that it had not received payment from the bankruptcy trustee.
In May 2009, the bankruptcy trustee filed a motion to dismiss the Andersons' bankruptcy case, asserting that based on the claim filed and allowed, payments made into the plan to date, and currently scheduled plan payments, the plan would not be completed within sixty months from the effective date of the plan; and that the Andersons were in material default with respect to the terms of the plan. An order dismissing

Page 254

the bankruptcy case was entered on August 7, 2009.
In October 2009, Citimortgage, after reviewing information provided for that purpose, determined that the Andersons did not qualify for a loan modification. Further discussions resulted in the approval of a December 2009 trial payment plan with monthly trial payments of $1,400 from January 1 through March 1, 2010. At the conclusion of the December 2009 plan, the loan was reviewed for a potential modification, but denied as not meeting the requisite criteria.
In October 2010, a statutory foreclosure was commenced, and the Andersons received a Notice of Default and Intent to Sell from Wilson & Associates. The notice stated that Wilson & ...

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