On top of that, brand new undersigned unearthed that Plaintiff’s allegation regarding the tape out of several lien releases failed to give rise to any plausible claim just like the the latest releases, although connected with the property at issue, alarmed yet another mortgage unrelated to that particular match
That it Statement and Testimonial inquiries the following about three motions: (1) Plaintiff’s Affidavit regarding Facts meant for Defendant’s Ginnie Mae Standard Wisdom [#17], that the Courtroom construes once the Plaintiff’s Actions for Standard Judgment against Defendant Ginnie Mae; (2) Plaintiff’s Affidavit regarding Affairs to get Defendant’s Hughes, Watters & Amplifier Askanase Law firm Standard View [#18], that your Courtroom construes because Plaintiff’s Action to own Standard Wisdom up against Accused Hughes, Watters & Askanase; and you will (3) Defendant Hughes Watters & Askanase, LLP’s Code several(b)(6) Action so you’re able to Disregard having Bias [#21]. Adopting the Section Legal then followed the newest undersigned’s early in the day statement and recommendation, the fresh Court lso are-called this situation with the undersigned to possess mood of all the kept pretrial issues [#28]. The newest undersigned have expert to go into this testimonial pursuant to twenty-eight You.S.C. § 636(b)(1)(B). Towards grounds set forth below, we recommend that Plaintiff’s Activity having Standard Wisdom up against Defendant Ginnie Mae [#17] getting Declined; Plaintiff’s Activity to own Default View against Accused Hughes, Watters & Askanase [#18] become Overlooked Once the MOOT; and Defendant Hughes Watters Askanase, LLP’s Code 12(b)(6) Activity to Dismiss that have Prejudice [#21] end up being Provided. The new undersigned next suggests that Region Court discount in the place of bias Plaintiff’s leftover claims facing Ginnie Mae sua sponte.
Plaintiff Sammy Lee Woods, Jr., continuing professional se, recorded their Problem to your [#3] up against Defendants Flagstar Lender, Lakeview Mortgage Upkeep, LLC, Loancare, LLC, Ginnie Mae, and Hughes, Watters & Askanase. Plaintiff’s claims matter possessions found at 7727 Windview Means, San Antonio, Colorado 78244 and you may a supposedly illegal test at foreclosure. (Compl. [#3] at the dos, 33.) Plaintiff’s Issue, even in the event extended, consists of hardly any informative allegations and even lacks a description from the fresh new people to be able to identify the newest alleged misconduct of the certain Defendants. (Id. at 2.) What is causing step asserted from inside the Plaintiff’s Criticism are unclear, but Plaintiff seems to be saying claims out of unlawful foreclosures, breach off package, scam, and assertion regarding due techniques, as well as violations of Tx Providers and you can Trade Code §step 3.603, possible Inside Financing Operate (“TILA”), the actual House Payment Strategies Operate (“RESPA”), the newest Racketeer Swayed and you may Corrupt Groups Act (“RICO”), while the Consistent Industrial Password (“UCC”). (Id. at 3-28.) Linked to Plaintiff’s Grievance are certain data you to allegedly service his claims. (Id. at 33-60.)
not, construing Plaintiff’s Issue or any other pleadings liberally, it would appear that he is alleging which he renegotiated his financing with a new promissory note for the , and this notice effortlessly paid off the borrowed funds in a manner that people try on foreclosure was unlawful
Defendants Flagstar Financial, Lakeview Mortgage Maintenance, and you will Loancare gone to live in discount Plaintiff’s says pursuant to Government Rule out-of Municipal Procedure twelve(b)(6), and the undersigned approved a research and you can recommendation recommending the fresh new motion become supplied towards [#19]. On the report, the latest undersigned determined that Plaintiff’s allegation which he came across extent owed for the their loan by the submitting a special notice so you can Flagstar Financial didn’t bring about any facially plausible claim, as note connected to direct title loans Deer Lodge MT Plaintiff’s Complaint appeared to be unilaterally drawn up and you can conducted because of the Plaintiff in the attempt to modify the loan’s conditions. In the long run, the fresh new undersigned learned that Plaintiff’s says significantly less than RILA, Control Z, and you may RESPA were banned of the governing statute away from limitations and you may Plaintiff’s UCC and you may Texas Organization and you can Business Password says unsuccessful as a question of rules since these statutes don’t regulate liens to the real-estate.