United States District Court, N.D. Georgia, Atlanta Division
OPINION AND ORDER
WILLIAM S. DUFFEY JR. UNITED STATES DISTRICT JUDGE
matter is before the Court on McCalla Raymer Pierce, LLC,
formerly known as McCalla Raymer, LLC's (“McCalla
Raymer”) Motion to Dismiss  Plaintiff Luz
Miles's (“Plaintiff”) Complaint [1.1].
5, 2009, Plaintiff obtained a loan in the amount of $164,
957.00 from Primary Capital Advisors (“Primary
Capital”). (Compl. ¶ 2). Repayment of the loan was
secured by a deed (“Security Deed”) to real
property located at 3009 Octavia Circle, Marietta, Georgia
(the “Property”). (Id. ¶¶
1-2). Plaintiff executed the Security Deed in favor of
Mortgage Electronic Registration Systems, Inc.
(“MERS”), as nominee for Primary Capital and
Primary Capital's successors and assigns. (Id.
September 2, 2016, the Security Deed was assigned to
Nationstar Mortgage LLC (“Nationstar”).
(Id. ¶ 3).
point, it appears that Plaintiff defaulted on her loan
obligations. Plaintiff applied for a loan modification
“which was not completed because of alleged missing
documents which [Nationstar] admitted they already had in
their possession.” (Id. ¶ 15).
October 26, 2016, Plaintiff “called to check on the
status of her modification” and “learned about
Defendant's [sic] intent to foreclose non-judicially on
November 1, 2016.” (Id. ¶ 5).
October 28, 2016, Plaintiff, proceeding pro se,
filed her Complaint in the Superior Court of Cobb County,
Georgia, asserting claims for wrongful foreclosure (Count
One) and injunctive relief (Count Two) against McCalla Raymer
and Nationstar. Plaintiff claims that Nationstar,
“working in concert with Defendant McCalla Raymer . . .
fraudulently and intentionally hatched a scheme to make it
look as though Plaintiff did not complete a loan modification
package.” (Compl. at 1). Plaintiff claims that
foreclosure is wrongful because, under 12 C.F.R. §
1024.41(g), a loan servicer cannot conduct a foreclosure sale
while a loan modification application is pending. Plaintiff
seeks “an appropriate award of actual, nominal,
resultant and punitive damages for Dual Tracking violations,
” and to enjoin foreclosure. (Compl. at 12).
November 23, 2016, Nationstar removed the Cobb County Action
to this Court based on federal question jurisdiction, because
Plaintiff's wrongful foreclosure claim is based on
alleged violations of federal law. (Notice of Removal ).
November 30, 2016, McCalla Raymer and Nationstar moved to
dismiss Plaintiff's Complaint for failure to state a
claim. (, ).
12, 2017, Plaintiff voluntarily dismissed, with prejudice,
her claims against Nationstar, and Nationstar's Motion to
Dismiss is thus moot. (See Stipulation of Dismissal
did not respond to McCalla Raymer's Motion to Dismiss,
and under Local Rule 7.1B, the Court deems McCalla
Raymer's Motion to Dismiss unopposed. See L.R.