At the same time, the new undersigned found that Plaintiff’s allegation about your recording from two lien releases did not produce any plausible claim once the the new launches, regardless if connected with the home at issue, alarmed a different sort of mortgage not related to that particular suit
This Report and you will Recommendation concerns the second about three motions: (1) Plaintiff’s Affidavit regarding Issues meant for Defendant’s Ginnie Mae Default View [#17], that the Courtroom construes given that Plaintiff’s Action to possess Standard Judgment facing Accused Ginnie Mae; (2) Plaintiff’s Affidavit of Points to get Defendant’s Hughes, Watters & Amplifier Askanase Law practice Default Wisdom [#18], that your Judge construes because the Plaintiff’s Motion having Default View up against Offender Hughes, Watters & Askanase; and you can (3) Defendant Hughes Watters & Askanase, LLP’s Laws several(b)(6) Action so you’re able to Discount that have Prejudice [#21]. Adopting the Section Legal implemented the brand new undersigned’s earlier statement and you may recommendation, the newest Court re-known this situation on undersigned to have temper of all leftover pretrial things [#28]. This new undersigned provides power to get in it testimonial pursuant to twenty eight U.S.C. § 636(b)(1)(B). To the causes established below, it is recommended that Plaintiff’s Actions to possess Default Judgment facing Accused Ginnie Mae [#17] become Denied; Plaintiff’s Motion for Default Judgment against Accused Hughes, Watters & Askanase [#18] be Disregarded Once the MOOT; and you will Accused Hughes Watters Askanase, LLP’s Code twelve(b)(6) Motion so you’re able to Disregard that have Bias [#21] getting Offered. The newest undersigned after that advises the Region Courtroom disregard in place of prejudice Plaintiff’s left says up against Ginnie Mae sua sponte.
Plaintiff Sammy Lee Trees, Jr., continuing expert se, registered his Ailment into the [#3] up against Defendants Flagstar Bank, Lakeview Financing Maintenance, LLC, Loancare, LLC, Ginnie Mae, and you can Hughes, Watters & Askanase. Plaintiff’s states concern assets located at 7727 Windview Means, San Antonio, Tx 78244 and you can a purportedly illegal attempt within property foreclosure. (Compl. [#3] during the 2, 33.) Plaintiff’s Ailment, although extended, consists of hardly any truthful allegations plus does not have a description out of the newest parties to be able to distinguish the fresh new so-called misconduct of the certain Defendants. (Id. during the 2.) What causes step asserted inside the Plaintiff’s Complaint are also undecided, but Plaintiff seems to be asserting claims off wrongful foreclosures, breach out of package, fraud, and you can denial out of due processes, in addition to abuses of one’s Tx Organization and you can Trade Password §step 3.603, the fact When you look at the Lending Act (“TILA”), the true Property Settlement Steps Operate (“RESPA”), the fresh new Racketeer Influenced and you may Corrupt Groups Work (“RICO”), together with Consistent Industrial Password (“UCC”). (Id. on 3-28.) Attached to Plaintiff’s Problem are specific data one allegedly service his states. (Id. during the 33-60.)
But not, construing Plaintiff’s Criticism or other pleadings liberally, it seems that he could be alleging which he renegotiated their loan with a brand new promissory mention to your , and therefore mention efficiently paid back the borrowed funds in a manner that people shot within property foreclosure try title cash advance Ithaca New York unlawful
Defendants Flagstar Bank, Lakeview Mortgage Maintenance, and Loancare transferred to dismiss Plaintiff’s claims pursuant so you’re able to Federal Laws off Municipal Procedure 12(b)(6), therefore the undersigned granted a study and you may recommendation indicating the latest action getting offered on the [#19]. From the report, the latest undersigned figured Plaintiff’s allegation which he came across the amount due on his financing from the submitting an alternative mention to Flagstar Bank don’t bring about one facially probable claim, as the mention linked to Plaintiff’s Criticism looked like unilaterally drafted and you may carried out by the Plaintiff when you look at the just be sure to customize the loan’s terms. Eventually, the brand new undersigned learned that Plaintiff’s states lower than RILA, Regulation Z, and you can RESPA have been barred of the governing statute from limits and you will Plaintiff’s UCC and you may Texas Providers and Trade Password claims were unsuccessful as a matter of legislation because these guidelines do not govern liens toward property.
