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Reeves v. Nationstar Mortgage, LLC

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

March 2, 2015

DANYELLE M. REEVES and SAMUEL T. OSADEME, Plaintiffs,
v.
NATIONSTAR MORTGAGE, LLC, and JOHN DOES, 1-4, Defendants.

OPINION AND ORDER

WILLIAM S. DUFFEY, Jr., District Judge.

This matter is before the Court on Defendant[1] Nationstar Mortgage, LLC's ("Defendant" or "Nationstar") Motion to Dismiss [3] Plaintiffs Danyelle Reeves ("Reeves") and Samuel T. Osademe's ("Osademe") (together, "Plaintiffs") Complaint [1.1 at 3-44], and Defendant's Motion to Dismiss [7] Plaintiff's Amended Complaint [6]. Because Plaintiffs filed their Amended Complaint, Defendant's Motion to Dismiss [3] their original Complaint is denied as moot.

I. BACKGROUND

On February 8, 2007, Reeves[2] obtained a loan in the amount of $487, 000 from First Magnus Financial Corporation ("First Magnus"). (Am. Compl. ¶ 5). Repayment of the loan was secured by a deed ("Security Deed") to real property located at 1202 Jimson Circle S.E., Conyers, Georgia (the "Property"). (Id.). Reeves executed the Security Deed in favor of Mortgage Electronic Registration Systems, Inc. ("MERS"), as nominee for First Magnus and First Magnus's successors and assigns. (Id.; Security Deed [3.2] at 1). Under the terms of the Security Deed, Reeves "granted to MERS (solely as nominee for [First Magnus] and [First Magnus's] successors and assigns) and the successors and assigns of MERS, with power of sale, the [Property]." (Security Deed at 3).

At some point, Reeves defaulted on her loan obligations and the Property was scheduled to be sold at a foreclosure sale on June 2, 2009.

On May 20, 2009, Reeves executed a Quitclaim Deed conveying the Property to Osademe and herself. (Am. Compl. ¶ 8; Quitclaim Deed [3.5]).

On June 2, 2009, Osademe filed a petition for relief under Chapter 13 of the Bankruptcy Code. In re Osademe, No. 09-74243-mhm (Bankr. N.D.Ga.).

Also on June 2, 2009, MERS sold the Property at a foreclosure sale and executed a Foreclosure Deed ("2009 Foreclosure Deed") [7.7] conveying the Property to a third-party purchaser. On June 28, 2011, MERS's foreclosure counsel recorded, in the Superior Court of Rockdale County, an Affidavit Affecting Title to Land, which stated that, "[d]ue to the [bankruptcy] stay being imposed prior to the foreclosure sale, the [2009] Foreclosure Deed should be considered void as a matter of law." (Am. Compl. ¶ 9; Aff. of Title to Land [7.8]).

On September 22, 2011, MERS, as nominee for First Magnus, assigned the Security Deed to Aurora Bank FSB ("Aurora"). (Am. Compl. ¶ 6; First Assignment [3.4]).

On June 28, 2012, Aurora assigned its rights under the Security Deed to Nationstar, effective July 1, 2012. (Am. Compl. ¶ 7; Second Assignment [3.3]).

On November 12, 2013, McCurdy & Candler, on behalf of Nationstar, sent Plaintiff a letter stating that Plaintiff defaulted on her loan obligations and that Nationstar would conduct a foreclosure sale of the Property on January 7, 2014. (Compl. at Ex. F [1.1 at 56-58]).

On January 7, 2014, Nationstar sold the Property at a foreclosure sale. (Am. Compl. ¶ 9).

On March 19, 2015, Plaintiffs, proceeding pro se, filed their Complaint in the Superior Court of Rockdale County, Georgia. Plaintiffs asserted a claim for violation of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., and variety of state law claims based on perceived defects in the assignment and recordation of their mortgage and their assertion that Defendant wrongfully foreclosed on the Property.

On May 8, 2014, Defendant removed the Rockdale County Action to this Court on the basis of federal question ...


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