Trees v. Flagstar Bank, Lakeview Loan Maintenance, LLC

Defendants Flagstar Financial, Lakeview Loan Servicing, and you will Loancare transferred to discount Plaintiff’s says pursuant to help you Federal Laws away from Municipal Techniques twelve(b)(6), while the undersigned granted a study and you can testimonial recommending brand new action become offered to the [#19]

This Report and Testimonial issues next around three moves: (1) Plaintiff’s Affidavit away from Circumstances in support of Defendant’s Ginnie Mae Standard Wisdom [#17], that the Judge construes as the Plaintiff’s Motion to have Default Wisdom facing Defendant Ginnie Mae; (2) Plaintiff’s Affidavit out of Products in support of Defendant’s Hughes, Watters & Amp Askanase Law firm Standard Wisdom [#18], which the Legal construes as Plaintiff’s Motion for Standard Wisdom facing Accused Hughes, Watters & Askanase; and you may (3) Accused Hughes Watters & Askanase, LLP’s Laws a dozen(b)(6) Activity in order to Disregard which have Prejudice [#21]. Following Region Courtroom implemented the brand new undersigned’s earlier declaration and you may testimonial, the Courtroom re also-called this case towards undersigned to own temper of all the leftover pretrial matters [#28]. This new undersigned keeps power to get in it testimonial pursuant to twenty-eight U.S.C. § 636(b)(1)(B). On the factors set forth below, it is recommended that Plaintiff’s Motion for Standard Wisdom facing Defendant Ginnie Mae [#17] end up being Declined; Plaintiff’s Activity getting Default Wisdom against Defendant Hughes, Watters & Askanase [#18] become Overlooked While the MOOT; and you may Offender Hughes Watters Askanase, LLP’s Signal 12(b)(6) Motion in order to Discount that have Bias [#21] feel Provided. The fresh undersigned next suggests that the Region Legal dismiss instead of bias Plaintiff’s leftover states against Ginnie Mae sua sponte.

On top of that, the new undersigned learned that Plaintiff’s allegation concerning your tape away from a few lien releases did not bring about one probable allege since the the latest releases, even in the event related to the house or property concerned, alarmed an alternate loan unrelated to that particular suit

Plaintiff Sammy Lee Trees, Jr., proceeding pro se, filed their Grievance on the [#3] against Defendants Flagstar Lender, Lakeview Loan Maintenance, LLC, Loancare, LLC, Ginnie Mae, and Hughes, Watters & Askanase. Plaintiff’s says concern property found at 7727 Windview Way, San Antonio, Tx 78244 and you can an allegedly unlawful attempt from the foreclosure. (Compl. [#3] during the 2, 33.) Plaintiff’s Criticism, even in the event payday loans Guthrie, OK online very long, include not too many informative accusations as well as does not have a reason of the newest people so as to distinguish the newest alleged misconduct of one’s certain Defendants. not, construing Plaintiff’s Grievance or other pleadings liberally, it would appear that he or she is alleging which he renegotiated their loan with a new promissory note for the , and therefore note effortlessly paid down the loan in a fashion that people decide to try during the property foreclosure is actually unlawful. (Id. at dos.) What can cause action asserted within the Plaintiff’s Grievance are also unclear, but Plaintiff seems to be saying claims out-of wrongful foreclosure, infraction out-of contract, ripoff, and you can denial out-of due procedure, together with abuses of Colorado Organization and Trade Code §step three.603, the actual situation For the Lending Act (« TILA »), the true House Settlement Measures Work (« RESPA »), the latest Racketeer Influenced and you may Corrupt Communities Act (« RICO »), together with Uniform Commercial Code (« UCC »). (Id. during the step three-twenty eight.) Connected with Plaintiff’s Issue are specific files you to definitely presumably support their says. (Id. at 33-60.)

About statement, brand new undersigned determined that Plaintiff’s allegation which he met extent owed to your his mortgage because of the distribution a separate notice to Flagstar Financial did not give rise to one facially plausible allege, since note connected with Plaintiff’s Issue looked like unilaterally written and executed by the Plaintiff inside just be sure to modify the loan’s conditions. Fundamentally, the new undersigned found that Plaintiff’s states less than RILA, Controls Z, and you will RESPA were banned from the ruling law away from constraints and you will Plaintiff’s UCC and you will Tx Company and you may Commerce Code states were unsuccessful as the a matter of law because these legislation don’t govern liens for the property.