United States District Court, N.D. Georgia, Atlanta Division
OPINION AND ORDER
WILLIAM S. DTJTFEY, JR. UNITED STATES DISTRICT JUDGE
matter is before the Court on Magistrate Judge John K. Larkin
III's Order and Final Report and Recommendation 
(“R&R”). The R&R recommends that
Nationstar Mortgage LLC's (“Nationstar”)
Motion to Dismiss  be granted and the Complaint be
dismissed for failure to state a claim. Plaintiffs, Samuel
Thornton and Tomeka Thornton, failed to respond to
Defendant's Motion, and it is deemed unopposed.
See LR 7.1B, NDGa. Plaintiffs also did not object to
the R&R. The Court finds no plain error in the R&R
and adopts the recommendations of the Magistrate Judge.
filed this lawsuit to enjoin the foreclosure of their
residence located in Fulton County, Georgia. [1-1].
Nationstar appears to be the servicer of a loan secured by
the residence. The foreclosure sale was scheduled to occur on
September 5, 2017.
allege that Nationstar should be enjoined from
“collecting, foreclosing or attempting to collect any
mortgage payments, interest, late fees, restricting, [and]
modifying [the] mortgage contract in this instant case”
because (1) Plaintiffs are making payments in an active
Chapter 13 bankruptcy case pending in this district (In
re: Samuel Romaro Thornton, Jr., Case No. 15-54031-WLH
(Bankr. N.D.Ga.)); (2) Nationstar is not registered to do
business in Georgia, even though it regularly conducts
business here; (3) Nationstar is not a holder in due course
under Article 3 of the UCC; (4) the underlying security deed
was not properly assigned to Nationstar, and therefore,
Nationstar lacks standing to foreclose on the property; (5)
Nationstar violated the “Fair Debt Collections
Act” (presumably, a reference to the Fair Debt
Collections Practices Act, hereinafter the
“FDCPA”); (6) Nationstar violated O.C.G.A. §
44-14-161.2 by conducting foreclosure proceedings
“below true market value of the property”; and
(7) Nationstar violated O.C.G.A. § 44-14-162.2.
[Id. at 5-9.] Plaintiffs also seek punitive damages.
[Id. at 7.]
filed an action in the Superior Court of Fulton County,
Georgia on March 31, 2017. (See Compl. [1-1]). On September
27, 2017, Nationstar filed a Notice of Removal  in this
Court. On September 28, 2017, Nationstar filed the instant
Motion to Dismiss . Plaintiffs did not oppose the Motion
to Dismiss. On November 8, 2017, Magistrate Judge Johnson
issued a Final R&R. The Final R&R recommends that the
Court grant Nationstar's Motion to Dismiss . ( at
12). Plaintiffs do not object to the R&R.
Review of a Magistrate Judge's R&R
conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or
modify a magistrate judge's report and recommendation. 28
U.S.C. § 636(b)(1); Williams v.
Wainwright, 681 F.2d 732 (11th Cir. 1982), cert.
denied, 459 U.S. 1112 (1983). Where, as here, no party
objects to the R&R, the Court conducts a plain error
review of the record. See United States v. Slay, 714
F.2d 1093, 1095 (11th Cir. 1983).
Motion to Dismiss Standard
motion to dismiss pursuant to Rule 12(b)(6) of the Federal
Rules of Civil Procedure, the Court must “assume that
the factual allegations in the complaint are true and give
the plaintiff the benefit of reasonable factual
inferences.” Wooten v. Quicken Loans, Inc.,
626 F.3d 1187, 1196 (11th Cir. 2010). Although reasonable
inferences are made in the plaintiff's favor,
“‘unwarranted deductions of fact' are not
admitted as true.” Aldana v. Del Monte Fresh
Produce, N.A., 416 F.3d 1242, 1248 (11th Cir. 2005)
(quoting S. Fla. Water Mgmt. Dist. v. Montalvo, 84
F.3d 402, 408 n.10 (11th Cir. 1996)). Similarly, the Court is
not required to accept conclusory allegations and legal