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Cathy Chavez v. National Default Servicing Corporation; Select Portfolio Servicing

January 17, 2012

CATHY CHAVEZ, PLAINTIFF,
v.
NATIONAL DEFAULT SERVICING CORPORATION; SELECT PORTFOLIO SERVICING, INC.; ENCORE CREDIT RECEIVABLES TRUST 2005-2, BY THE BANK OF NEW YORK, A NEW YORK BANKING CORPORATION, AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF MAY 27, 2005; AND DOES 1THROUGH 20, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Judge Cormac J. Carney

JUDGMENT

JUDGMENT

TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD, IF ANY:

The Motion to Dismiss of Defendants SELECT PORTFOLIO SERVICING, INC. ("SPS") and ENCORE CREDIT RECEIVABLES TRUST 2005-2, BY THE BANK OF NEW YORK BANKING CORPORATION, AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF MAY 27, 2005 (the "TRUST") to the First Amended Complaint of Plaintiff CATHY CHAVEZ ("Plaintiff") was taken under submission by the Honorable Cormac J. Carney and granted without leave to amend on December 28, 2011.

IT IS THEREFORE ORDERED AND ADJUDGED AS FOLLOWS:

1. A judgment of Dismissal with Prejudice is entered in favor of Defendants NATIONAL DEFAULT SERVICING CORPORATION, SELECT PORTFOLIO SERVICING, INC., and ENCORE CREDIT RECEIVABLES TRUST 2005-2, BY THE BANK OF NEW YORK BANKING CORPORATION, AS INDENTURE TRUSTEE UNDER THE INDENTURE DATED AS OF MAY 27, 2005 and against Plaintiff, CATHY CHAVEZ.

IT IS SO ORDERED.

Honorable Cormac J. Carney Judge of the District Court

JUDGMENT

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