United States District Court, D. Arizona
ORDER
HONORABLE ROSLYN O. SILVER, SENIOR UNITED STATES DISTRICT
JUDGE
On
October 29, 2019, the Court called for supplemental briefing
regarding who is entitled to the restitution paid by
Defendant Christopher R. Georgeson. (Doc. 6). SRP 2013-4 LLC
(“SRP”) and the United States filed that briefing
but they continue to disagree on almost every legal issue.
(Doc. 6). Because the limited factual record does not allow
for a decision, the Court will not disburse the restitution
payments until SRP and the United States present additional
information or represent that no further information is
available.
BACKGROUND
The
parties have now presented a more developed version of the
relevant facts but there are still crucial pieces missing.
Thus, the following is based on the limited information the
parties have offered as well as matters of public record.
On
November 21, 2006, Georgeson and American Home Mortgage
executed a promissory note in connection with Georgeson
purchasing real property. On an unidentified date prior to
2010, American Home Mortgage assigned the promissory note to
GMAC Mortgage, LLC. That assignment stated, in full,
PAY TO THE ORDER OF
GMAC Mortgage, LLC
Without Recourse
By: American Home Mortgage
(Doc. 3 at 11). Based on that assignment, as of 2010 GMAC was
the owner of the note and entitled to all payments made by
Georgeson.
In
2010, Georgeson pleaded guilty to wire fraud in connection
with the origination of the promissory note. As a result of
that plea, and pursuant to 18 U.S.C. § 3663A which made
restitution mandatory, Georgeson was ordered to pay $103,
356.64 in restitution. The criminal judgment identified the
payee of that restitution as:
GMAC Mortgage
Attn: Legal Department
Loan #s: 359426771
and 359426769
(Doc. 3 at 7). The loan identified as Loan #359426771 was the
promissory note referenced above. At the time of sentencing,
that loan represented a loss amount of $48, 749.42. The loan
identified as Loan #359426769 was for an entirely separate
loan. The parties have not provided any information regarding
the origination of that other loan but the record from
Georgeson's criminal prosecution ...