Defendants Flagstar Bank, Lakeview Mortgage Repair, and you will Loancare transferred to dismiss Plaintiff’s claims pursuant to Federal Code of Municipal Process twelve(b)(6), as well as the undersigned awarded a study and you may testimonial recommending the brand new activity end up being offered on the [#19]
This Report and you may Recommendation concerns next three moves: (1) Plaintiff’s Affidavit out of Items to get Defendant’s Ginnie Mae Default Judgment [#17], that Court construes just like the Plaintiff’s Motion to possess Standard Wisdom facing Defendant Ginnie Mae; (2) Plaintiff’s Affidavit out-of Things in support of Defendant’s Hughes, Watters & Amplifier Askanase Lawyer Standard View [#18], that the Legal construes while the Plaintiff’s Activity for Standard Judgment facing Defendant Hughes, Watters & Askanase; and (3) Defendant Hughes Watters & Askanase, LLP’s Rule 12(b)(6) Action to Disregard which have Prejudice [#21]. Following Area Judge used the undersigned’s early in the day statement and testimonial, the new Judge re-known this situation on the undersigned to have vibe of all of the remaining pretrial things [#28]. New undersigned has power to get in that it recommendation pursuant so you can twenty eight U.S.C. § 636(b)(1)(B). With the grounds established below, we recommend that Plaintiff’s Action for Standard Wisdom up against Defendant Ginnie Mae [#17] be Refused; Plaintiff’s Motion to have Standard Judgment facing Defendant Hughes, Watters & Askanase [#18] end up being Ignored Since the MOOT; and you can Offender Hughes Watters Askanase, LLP’s Signal 12(b)(6) Motion to Dismiss which have Prejudice [#21] getting Granted. New undersigned after that suggests your Region Court dismiss in the place of prejudice Plaintiff’s kept says up against Ginnie Mae sua sponte.
Additionally, the newest undersigned discovered that Plaintiff’s allegation concerning your recording out of a couple lien releases don’t bring about one probable claim because new launches, no matter if about the house concerned, alarmed another mortgage unrelated compared to that fit
Plaintiff Sammy Lee Trees, Jr., https://pdqtitleloans.com/payday-loans-oh/ proceeding pro se, submitted his Problem on [#3] against Defendants Flagstar Financial, Lakeview Financing Maintenance, LLC, Loancare, LLC, Ginnie Mae, and you will Hughes, Watters & Askanase. Plaintiff’s states question assets found at 7727 Windview Way, San Antonio, Colorado 78244 and you will an allegedly illegal attempt during the foreclosures. (Compl. [#3] at the dos, 33.) Plaintiff’s Ailment, although very long, consists of hardly any informative allegations plus does not have a description away from the fresh new functions to separate brand new alleged misconduct of your own various Defendants. Yet not, construing Plaintiff’s Criticism or any other pleadings liberally, it would appear that they are alleging which he renegotiated their mortgage with a brand new promissory notice for the , hence mention effectively paid off the loan in a manner that people try from the property foreclosure is illegal. (Id. during the dos.) The causes of action asserted inside Plaintiff’s Problem also are unsure, but Plaintiff is apparently asserting states of unlawful property foreclosure, violation off contract, con, and you may denial off due techniques, as well as violations of Texas Business and you may Business Code §step three.603, the situation From inside the Lending Work (“TILA”), the true Property Settlement Tips Act (“RESPA”), this new Racketeer Swayed and you will Corrupt Communities Work (“RICO”), and the Consistent Industrial Password (“UCC”). (Id. from the step 3-28.) Connected to Plaintiff’s Grievance are certain records one presumably assistance their says. (Id. on 33-60.)
On statement, the fresh new undersigned concluded that Plaintiff’s allegation he came across the quantity due towards his loan of the distribution another note so you can Flagstar Financial failed to produce one facially possible claim, given that mention connected to Plaintiff’s Issue appeared as if unilaterally drawn up and you may performed from the Plaintiff within the you will need to customize the loan’s terms and conditions. In the end, the new undersigned unearthed that Plaintiff’s says significantly less than RILA, Control Z, and RESPA have been prohibited by the governing law regarding limitations and you may Plaintiff’s UCC and Tx Organization and Commerce Password states hit a brick wall as the a question of law mainly because statutes don’t regulate liens towards the real property.
