Defendants Flagstar Financial, Lakeview Financing Servicing, and you will Loancare transferred to dismiss Plaintiff’s claims pursuant to Government Signal off Civil Processes 12(b)(6), and the undersigned given a study and you will testimonial recommending brand new motion getting granted to the [#19]
This Declaration and you can Testimonial questions the next three movements: (1) Plaintiff’s Affidavit away from Activities meant for Defendant’s Ginnie Mae Standard Wisdom [#17], which the Courtroom construes given that Plaintiff’s Activity to possess Default Wisdom facing Defendant Ginnie Mae; (2) Plaintiff’s Affidavit out of Circumstances meant for Defendant’s Hughes, Watters & Amp Askanase Law firm Standard View [#18], that your Court construes since the Plaintiff’s Action for Standard Wisdom facing Accused Hughes, Watters & Askanase; and you will (3) Accused Hughes Watters & Askanase, LLP’s Laws a dozen(b)(6) Motion to Discount which have Prejudice [#21]. Following the District Judge used the fresh undersigned’s previous report and you may testimonial, the fresh Courtroom re-known this situation to the undersigned having state of mind of the many left pretrial things [#28]. The fresh undersigned enjoys expert to enter it recommendation pursuant to twenty eight U.S.C. § 636(b)(1)(B). On grounds set forth lower than, we recommend that Plaintiff’s Actions to own Default Judgment against Accused Ginnie Mae [#17] end up being Refused; Plaintiff’s Action to possess Default View up against Accused Hughes, Watters & Askanase [#18] feel Overlooked Just like the MOOT; and you will Offender Hughes Watters Askanase, LLP’s Rule a dozen(b)(6) Motion to help you Disregard that have Prejudice [#21] be Granted. The fresh undersigned then advises that the Area Courtroom dismiss instead bias Plaintiff’s remaining says against Ginnie Mae sua sponte.
On the other hand, the undersigned discovered that Plaintiff’s allegation about your tape regarding several lien launches didn’t give rise to people plausible allege as the new launches, even if connected with the house or property at issue, concerned another type of loan not related compared to that fit
Plaintiff Sammy Lee Trees, Jr., continuing professional se, submitted their Ailment on the [#3] against Defendants Flagstar Financial, Lakeview Loan Repair, LLC, Loancare, LLC, Ginnie Mae, and you will Hughes, Watters & Askanase. Plaintiff’s says concern property found at 7727 Windview Ways, San Antonio, Texas 78244 and you may a purportedly unlawful shot in the property foreclosure. (Compl. [#3] from the dos, 33.) Plaintiff’s Issue, regardless of if a long time, includes not many truthful allegations and even does not have an explanation out-of new events to be able to differentiate this new alleged misconduct of your own some Defendants. However, construing Plaintiff’s Problem or any other pleadings liberally, it appears that he is alleging which he renegotiated their financing with a new promissory note towards , and this notice efficiently paid the borrowed funds in a manner that people shot at foreclosures was illegal. (Id. within dos.) What causes action asserted from inside the Plaintiff’s Grievance are also not sure, but Plaintiff appears to be saying states off wrongful foreclosure, breach of package, con, and you can denial from due techniques, plus violations of one’s Colorado Team and you can Commerce Code §3.603, the fact In Financing Act («TILA»), the genuine Estate Settlement Methods Operate («RESPA»), the latest Racketeer Swayed and Corrupt Teams payday loans UT Act («RICO»), as well as the Uniform Commercial Password («UCC»). (Id. at the 3-twenty-eight.) Connected with Plaintiff’s Criticism are specific documents you to definitely presumably assistance their states. (Id. on 33-60.)
About report, the brand new undersigned figured Plaintiff’s allegation he came across the total amount owed into his loan by submitting a unique mention so you’re able to Flagstar Bank did not produce people facially plausible claim, as the notice connected to Plaintiff’s Grievance appeared as if unilaterally drawn up and you can performed by the Plaintiff for the make an effort to customize the loan’s terms and conditions. In the long run, the undersigned learned that Plaintiff’s states below RILA, Regulation Z, and you may RESPA had been prohibited by governing statute out-of limitations and you can Plaintiff’s UCC and you may Texas Team and you can Commerce Password claims were not successful due to the fact an issue of law because these laws and regulations don’t govern liens with the real estate.
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