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Veal v. Deutsche Bank National Trust Co.

United States District Court, N.D. Georgia, Atlanta Division

July 17, 2014

ROBERT VEAL and GLORIA VEAL, Plaintiffs,
v.
DEUTSCHE BANK NATIONAL TRUST CO., and TAMARA PRICE, Defendants.

OPINION AND ORDER

WILLIAM S. DUFFEY, Jr., District Judge.

This matter is before the Court on Planitiffs' pro se objections [18] to Magistrate Judge Walter E. Johnson's Final Report and Recommendation [16] ("R&R"). The R&R considers Defendants' Motion to Dismiss [4] and Plaintiffs' Motion for Default Judgment [10].

I. BACKGROUND[1]

On October 14, 2003, Plaintiffs Robert and Gloria Veal ("Plaintiffs") obtained a $272, 000 loan from Argent Mortgage Company, LLC ("Argent") to purchase their home in Norcross, Georgia (the "Property"). Repayment of the loan was secured by a deed ("Security Deed") to the Property. Under the terms of the Security Deed, Plaintiffs "grant[ed] and convey[ed] to [Argent] and [Argent's] successors and assigns, with the power of sale, the [Property]." (Compl. Ex. D).

On January 13, 2009, Defendant Tamara Price ("Price") assigned Argent's rights under the Security Deed (the "Assignment") to Defendant Deutsche Bank National Trust Co. ("Deutsche Bank"). (Id. Ex. B). The Assignment is executed by "Argent [ ], By: Citi Residential Lending, Inc., as Attorney in Fact, " and signed by Price as Vice President. (Id.).

On October 6, 2009, after Plaintiffs' default on their loan obligations and pursuant to the terms of the Security Deed, Deutsche Bank foreclosed on the Property. On November 18, 2009, Deutsche Bank filed a dispossessory action in the Magistrate Court of Gwinnett County, Georgia.[2] See Deutsche Bank v. Veal, No. 09-M-34935. On December 30, 2009, the state court issued a Writ of Possession to Deutsche Bank for the Property. Plaintiffs appealed the judgment several times and attempted to remove that matter to this Court. Their appeals and removal were unsuccessful.

On September 13, 2013, more than three years after entry of the judgment in the dispossessory action, Deutsche Bank executed its Writ of Possession and evicted Plaintiffs from the Property.

On October 31, 2013, Plaintiffs, proceeding pro se , filed their Complaint [1]. In it, Plaintiffs assert that the Assignment was void under New York law because it violated the terms of the Pooling and Servicing Agreement (the "PSA") governing the trust to which their mortgage was transferred. As a result, Plaintiffs allege that Deutsche Bank violated Section 1692(f)(6)(A) of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. ยง 1692 et seq. by wrongfully foreclosing on the Property and wrongfully evicting them. Plaintiffs also argue that the Assignment is defective because Price lacked authority to execute it. Plaintiffs seek compensatory, statutory and punitive damages, a declaration that Price lacked authority to execute the Assignment, and to have the Court determine "the lawful chain of title to Plaintiff's [sic] note."

On November 20, 2013, Deutsche Bank filed its Motion to Dismiss for failure to state a claim.

On December 23, 2013, Plaintiffs filed their Motion for Default Judgment against Price.

On January 17, 2014, Magistrate Judge Walter E. Johnson issued his R&R recommending that Deutsche Bank's Motion to Dismiss be granted, that Plaintiffs' claims be dismissed with prejudice, and that Plaintiffs' Motion for Default Judgment be denied as moot.

On February 3, 2014, Plaintiffs filed their "Reply In Opposition to Magistrate's [sic] Report and Recommendation" which the Court construes as their objections to the R&R.

II. DISCUSSION

A. Legal ...


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